Ashok Kumar Mandal v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16625 of 2013 ====================================================== Ashok Kumar Mandal Son Of Late Tarni Mandal Resident Of Village - Sahara, Police Station - Rangra, District - Bhagalpur .... .... Petitioner/s

Versus

1. The State Of Bihar through the Commissioner, Bhagalpur

2. The Collector, Bhagalpur

3. The Sub - Divisional Officer, Naugachia, Bhagalpur

4. The Circle Officer, Rangra, Bhagalpur .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjeev Kumar Mishra For the Respondent/s : Mr. Amar Nath Deo ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 01-04-2016 Heard.

The writ application prays for an order commanding the respondents not to construct School or Road over the land of the petitioner purchased in 1996. Neither the sale document is enclosed nor the petitioner got possession over the land as stated by him.

A counter affidavit on behalf of the respondent-State is filed. No rejoinder thereto is filed.

The counsel for the State on the basis of the averments made in the counter affidavit submits that the land in question is only alternative way to approach the N.H 31, which is used as Aam Rasta/Road. The petitioner, in fact,

Patna High Court CWJC No.16625 of 2013 (2) dt.01-04-2016 2/2 purchased a bag of litigation. On the basis of vague pleadings, the present application is filed.

On consideration of the submissions and after perusal of the materials on record, I am unable to exercise the discretionary jurisdiction to grant the relief, leaving the petitioner to agitate his grievance before appropriate Forum/Authority in accordance with law.

The writ application is disposed of.

(Kishore Kumar Mandal, J) rohit/- U