Jhagru Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9472 of 2020 ====================================================== Jhagru Mahto Son of Late Sonelal Mahto, Resident of Village-Pirapur Ward no.11, P.S.-Pear, District-Muzaffarpur.

... ... Petitioner/s

Versus

1.

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

The District Magistrate, Muzaffarpur.

3.

The Sub Divisional Magistrate (East), Muzaffarpur. 4.

The Circle Officer Anchal-Muraul, Dist.-Muzaffarpur. 5.

Sukhdeo Chowdhary Son of Late Ruplall Chowdhary Resident of VillagePilkhi Police Station-Sakra, Dist.-Muzaffarpur. 6.

Ratan Chowdhary Son of Sukhdeo Chowdhary Resident of Village-Pilkhi Police Station-Sakra, Dist.-Muzaffarpur.

7.

Sanjay Chowdhary Son of Sukhdeo Chowdhary Resident of Village-Pilkhi Police Station-Sakra, Dist.-Muzaffarpur.

8.

Sunil Chowdhary Son of Sukhdeo Chowdhary Resident of Village-Pilkhi Police Station-Sakra, Dist.-Muzaffarpur.

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

For the Petitioner/s :

Mr.Mazharul Hassan, Adv.

For the Respondent/s :

Mr.Lalit Kishore ( Ag ) ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA ORAL ORDER 12-05-2022 Heard the parties.

The case is being taken up from defect side.

Learned counsel for the petitioner is directed to submit the original petition along with attested affidavits and also remove all the defects pointed out by the Registry within two weeks from today.

Learned counsel for the petitioner submits that Circle Officer should be directed to resolve the land dispute which has

Patna High Court CWJC No.9472 of 2020(2) dt.12-05-2022 2/2 arisen between the petitioner and respondent nos. 5 to 8. Learned counsel for the State Government has submitted his reply through counter affidavit and it is informed that the dispute is between the petitioner and respondent nos. 5 to 8 is a civil dispute which required to be adjudicated before the Competent Court of Civil jurisdiction and Circle Officer would not be competent to decide such disputes. This Court finds that the objection raised by the Official respondents is correct.

Considering that there is a civil dispute between the parties, granting liberty to the petitioner to take up all the remedies available under Civil Procedure Code, the writ petition is dismissed.

(Sanjeev Prakash Sharma, J) Pravinkumar/- Item No. 45 U