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Patna High CourtCWJC/8842/2019dismissed

Maheshwar Sah @ Mahesh Sah v. The State Of Bihar

2019-04-26Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8842 of 2019 ====================================================== Maheshwar Sah @ Mahesh Sah Son of Late Tufani Sah, resident of VillageSahra, Navtoliya, P.S. K.Nagar (Maranga), District- Purnea. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary Board of Revenue of Bihar, Patna.

2.

The District Magistrate, Purnea.

3.

The Sub-Divisional Development Officer, Purnea. 4.

The Circle Officer, K.Nagar, Purnea.

5.

Bijay Kumar Mahto, Son of Late Devki Nandan Prasad Mahto, resident of Village- Sahra, P.S. K.Nagar, District- Purnea. 6.

Dular Chand Mahto, Son of Ashok Kumar Mahto, resident of Village- Sahra, P.S. K.Nagar, District- Purnea.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. R.C.Thakur Mr.Kamal Kishore Singh For the State :

Mr.Raj Kishore Roy (GP-18) Mr. Abhoy Kumar Kashyap, AC to GP-18 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 26-04-2019 Heard.

On perusal of the writ application, it is evident that there is private dispute between the petitioner and respondent nos. 5 and 6. In view of the nature of dispute between them, no writ of mandamus can be issued, as has been sought in the present writ application.

This writ application is, accordingly, dismissed. Dismissal of this writ application will not, however, prevent the petitioner from approaching the competent authority

Patna High Court CWJC No.8842 of 2019(2) dt.26-04-2019 2/2 under the provisions of the Bihar Land Disputes Resolution Act, 2009 for redressal of his grievance, in the absence of any dispute on the question of his title and possession. He can also take recourse to the provisions under Bihar Right to Public Grievance Redressal Act, 2015.

(Chakradhari Sharan Singh, J) HR/- U