Mahesh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4179 of 2023 ====================================================== 1.

Mahesh Singh, male, aged about 78 years, Son of Ramcharitra Singh, R/oVillage-Kajhawan, PS-Sheosagar, District-Rohtas, Bihar-821113. 2.

Vishal Singh, Male, aged about 26 years, son of Santosh Singh, R/o-VillageKajhawan, PS-Sheosagar, District- Rohtas, Bihar-821113. 3.

Kamlesh Singh, Male, aged about 50 years, Son of Keshwaw Singh, R/oKoniya Kajakpura, Varanasi, U.P.-221001. ... ... Petitioners

Versus

1.

The State of Bihar through the Chief Secretary, Government of Bihar. 2.

The Principal Secretary, Land Reforms Department, Patna. 3.

District Magistrate, Rohtas.

4.

Deputy Collector Land Reforms, Sasaram, District- Rohtas. 5.

Circle Officer, Sheosagar Block, District- Rohtas. 6.

Mines and Geology Department, Government of Bihar. 7.

Rajendra Singh, S/o Late Ram Lakhan Singh, resident of Village- Kajhawan, Nad, Rohtas, Bihar-821113.

8.

Birendra Singh, S/o Late Ram Lakhan Singh, resident of Village- Kajhawan, Nad, Rohtas, Bihar-821113.

9.

Hariar Singh, S/o Ram Lakhan Singh, resident of Village- Kajhawan, Nad, Rohtas, Bihar-821113.

10.

Mithlesh Singh, S/o Late Govind Singh, resident of Village- Kajhawan, Nad, Rohtas, Bihar-821113.

... ... Respondents ====================================================== Appearance :

For the Petitioners :

Mr. Shiv Pratap, Advocate For the State :

Mr. Md. Nadim Seraj, GP-5 with Mr. Shailesh Kumar, AC to GP-5 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL JUDGMENT

Patna High Court CWJC No.4179 of 2023 dt.07-04-2023 2/3 (Per: HONOURABLE MR. JUSTICE MADHURESH PRASAD) Date : 07-04-2023 Heard learned counsel for the petitioners and learned counsel for the State.

2. In the garb of Public Interest Litigation, the writ application has been filed raising a grievance against private individuals i.e., Respondent Nos. 7 to 10 that they have illegally occupied and are enjoying possession over small piece of 1.25 decimals of land claimed to have been settled/mutated in favour of one ex-service man, namely, Late Baliram Singh, who died intestate, in the year 2008.

3. The petitioners' grievance, therefore, primarily lies against the alleged illegal enjoyment of possession over the lands mutated in the name of of one private individual; by other private respondents/individuals.

4. Such grievance relating to disputed issues of right, tittle, interest and possession of lands settled in favour of private individuals, does not come within the scope of a Public Interest Litigation. Filing of the instant writ petition, in the garb of Public Interest Litigation, therefore, is misconceived, to say the least.

5. The writ petition is dismissed.

6. The petitioners, however, shall not be precluded from

Patna High Court CWJC No.4179 of 2023 dt.07-04-2023 3/3 availing other remedies in accordance with law. (K. Vinod Chandran, CJ) ( Madhuresh Prasad, J) shyambihari/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 11-04-2023 Transmission Date N/A