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Patna High CourtCWJC/8019/2019dismissed

Gopalpur New Yatayat Swablambi Sahkari Samiti Ltd v. The State Of Bihar

2019-04-23Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8019 of 2019 ====================================================== Gopalpur New Yatayat Swablambi Sahkari Samiti Ltd Tintanga Karari Bindtoli, Anchal-Gopalpur, Sub-Division-Naugachia, Bhagalpur through its Chief Executive Officer namely Nutan Devi wife of Sri Manoj Yadav @ Manoj Kumar Yadav aged about 34 years, (Female) resident of Bindtoli, P.S. Gopalpur, District-Bhagalpur.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Revenue and Land Reforms, Govt. of Bihar, Patna.

2.

The Divisional Commissioner, Bhagalpur Division, Bhagalpur, 3.

The Collector, Bhagalpur 4.

The A.D.M. (Revenue), Bhagalpur.

5.

The S.D.O. Naugachia, District-Bhagalpur.

6.

The C.O., Gopalpur, Naugachia, District-Bhagalpur 7.

The S.P. District-Bhagalpur.

8.

The D.S.P. Naugachia, District-Bhagalpur.

9.

The Officer Incharge Police Station Gopalpur Bhagalpur 10.

Gauri Shankar Singh Son of Champak Lal Mandal Resident of VillageAmapur, P.S.-Kahalgoan, District-Bhagalpur, Exentive Officer, Jal Shramik Nawik Feri Seva Swablambi Sahkari Samiti Ltd Kahalgaon, DistrictBhagalpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Amrendra Kumar For the Respondent/s :

Mr.Sajid Salim Khan ( SC-25 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 23-04-2019 Heard.

It is evident from the pleadings on record that there is dispute between the two private persons, namely the petitioner and respondent no.10.

It is the grievance of the petitioner that whereas it has

Patna High Court CWJC No.8019 of 2019(2) dt.23-04-2019 2/2 right to collect the levy money from ferries, the same is being done by respondent no.10.

Such dispute cannot be adjudicated upon in a writ proceeding under Article 226 of the Constitution of India. This writ application cannot be maintained and is accordingly dismissed.

The dismissal of the writ application will not, however, come in the way of the petitioner approaching the authority by way of making a representation or invoking any provision under Bihar Right to Public Grievance Redressal Act, 2015.

(Chakradhari Sharan Singh, J) HR/- U