Shyam Sundar Muni @ Falahari Baba v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7233 of 2019 ====================================================== Shyam Sundar Muni @ Falahari Baba, Son of Late Narain Dasji Resident of Village-Kasmar, P.S.-Sonepur, District-Saran. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary Govt. of Bihar. 2.

Commissioner, Saran, Chapra.

3.

District Magistrate, Saran, Chapra.

4.

Superintendent of Police Saran.

5.

S.D.O. Sonepur, Saran.

6.

B.D.O. Sonepur, Saran.

7.

Circle Officer Sonepur, Saran.

8.

Dwarika Rai Son of Late Lalji Rai Resident of Village-kasmar, P.S.-Sonepur District-Saran.

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

For the Petitioner/s :

Mr. Dhananjay Mishra For the Respondent/s :

Mr. Sajid Salim Khan (SC-25) Mr. W.A. Khan, AC to SC-25 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 15-04-2019 Heard learned counsel for the parties.

The prayer of the petitioner is to command the respondents to get vacate the land, which belongs to him and which has been illegally encroached by the private respondent no. 8.

The relief is being sought in the light of judgment and decree dated 21.02.2015, passed by the court of learned SubJudge, Saran in Title Suit No. 477 of 2007. It is apparent that the petitioner has chosen a wrong

Patna High Court CWJC No.7233 of 2019(2) dt.15-04-2019 2/2 forum. If, according to him, there is any decree in his favour, he could have taken steps for execution of the said decree instead of coming to this Court by filing the present writ application under Article 226 of the Constitution of India. This application is disposed of accordingly.

(Chakradhari Sharan Singh, J) Ashish/- U