Ramadhar Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17028 of 2015 ====================================================== Ramadhar Singh ... ... Petitioner/s

Versus

The State Of Bihar and Ors.

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

For the Petitioner/s :

Mr. Manish Jha For the Respondent/s :

Mr. Sarvesh Kr. Singh, AAG-13 Mr. Arya Achint (AC to AAG-13) ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 31-08-2023 Heard learned counsel for the petitioner and learned counsel for the State.

2. Learned counsel for the petitioner submits that on the land of the petitioner situated at Mohalla- New Godown, Holding (old) No. 25/30 which he has purchased vide Sale Deed No. 12909 dated 06.07.1978 and in the peaceful possession over the said plot since more than 37 years, the District Authority has forcefully constructed a statute without taking any consent from the petitioner.

3. Learned counsel for the State has filed the counteraffidavit and submits that the statute has been constructed on the land situated in Alamgirpur, Revenue P.S.- 07, Ward No. 5 appertaining to Khata No. 873, Plot No. 980 which is neither private land nor the land of the petitioner rather the land in

Patna High Court CWJC No.17028 of 2015(2) dt.31-08-2023 2/2 question is Government's land.

4. In this view of the matter that the petitioner on the one hand saying that this land belongs to him and the Government is saying this land does not belongs to him. It is a disputed question of title, as such, the petitioner is at liberty to avail the remedy before the competent Civil Court.

5. Accordingly, the present writ application is disposed of granting liberty to the petitioner to avail his remedy before the competent Civil Court.

(Dr. Anshuman, J.) sadique/- U