Mosmat Parbati Devi v. The State Of Bihar And ORS

Patna High Court CWJC No.50 of 2015 (3) dt.06-02-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.50 of 2015 ====================================================== Mosmat Parbati Devi W/o Late Gaurav Prasad, resident of village-Ward No. 10, Sadar Road Forbesganj, P.S. Forbesganj, District- Araria (Bihar) .... .... Petitioner/s

Versus

1. The State of Bihar through the District Magistrate, Araria

2. The Superintendent of Police, Araria

3. The Circle officer, Forbesganj, District Araria

4. The officer-In-Charge, Forbesganj, Thana, District Araria

5. Madan Prasad S/o Late Gaurav Prasad, resident of Mohalla- Ward No. 10 Sadar Road, Forbesganj, District- Araria .... .... Respondent/s ====================================================== Appearance:

For the Petitioner/s : Mr. Dhananjayu Kumar Singh, Advocate For the Respondent/s : Mr. Kumar Alok, SC-8 ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 06-02-2015 This matter was taken up on 5.2.2015 when counsel for the petitioner was not present while counsel for State was in attendance and the matter was passed over. Even today, there is no representation on behalf of the petitioner.

The prayer in writ petition requires a direction to the respondents to remove the encroachment committed by the private respondent no. 5 on a land which the petitioner claims to be his raiyati land.

Admittedly the dispute is of private in nature and the provisions of the Public Land Encroachment Act would not be applicable and in the circumstances the writ petition is disposed of with liberty to the petitioner to take recourse to such other remedy as may be available to him in law.

(Jyoti Saran, J) S.Sb/- U