Suresh Prasad v. The Municipal Commissioner And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.916 of 2016 Arising out of Civil Writ Jurisdiction Case No. 18049 of 2014 =========================================================== Suresh Prasad Son of Late Ramsharan Lal Verma @ Late Ramsharan Prasad Resident of village - Silao, P.O. + P.S. Silao, District - Nalanda Presently R/o Mohalla - Chowkpar Bazar, Ward 35, Bihar Sharif, P.S. Bihar Sharif, District - Nalanda .... .... Appellant/s

Versus

1. The Municipal Commissioner, Bihar Sharif Municipal Corporation Nalanda

2. Kapildeo Ravidas, Area TEHSILDAR, Bihar Sharif Municipal Corporation Nalanda

3. Baijnath Prasad Late Sadhu Lal R/o Mohalla - Gorhatta, P.O. + P.S. Patna City, District - Patna .... .... Respondent/s =========================================================== Appearance :

For the Appellant/s : Mr. Mahendra Prasad Verma, Advocate For the Respondent/s : Mr. Gyan Prakash Ojha, Advocate =========================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date: 03-07-2017 Delay of 3 days in filing of the appeal is condoned. I.A. No. 3472 of 2016 stands allowed and disposed of. The learned Writ Court has only relegated the appellant to take recourse to the remedy available of approaching the Court of competent civil jurisdiction in view of the fact that with regard to mutation and ownership of the area in question, it is a civil dispute and the Writ Court has thought it appropriate to relegate the appellant to take recourse to the remedy available under the common law.

Patna High Court LPA No.916 of 2016 dt.03-07-2017 2/2 In doing so, no error has been committed by the learned Writ Court. The Letters Patent Appeal is dismissed. (Rajendra Menon, CJ) (Anil Kumar Upadhyay, J) P.K.P.

AFR/NAFR N.A.F.R.

CAV DATE N.A.

Uploading Date 04.07.2017 Transmission Date