Ranjan Kumar Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.11930 of 2019 ====================================================== 1.
Ranjan Kumar Prasad S/o Late Bimal Chand Prasad Resident of MohallaGudari Chhawani, P.s.- Bhagwan Bazar, Distt.- Saran 2.
Shanti Devi W/o Bachcha Singh Vill.- Repura, P.s.- Bheldi, Distt.- Saran 3.
Deep Mala Gupta W/o Jitendra Gupta Resident of Mohalla- bara Telpa, p.s.- Chapra Town, Distt.- Saran 4.
Shashi Prabha Devi W/o Om Prakash Gupta Resident of Mohalla- Civil Court Colony, P.s.- Chapra Town, Distt.- Saran 5.
Sudama Mishra S/o Late Bhagwat Mishra Vill.- Bara Telpa, P.s.- Chapra Town, Distt.- Saran 6.
Puspa Tiwary W/o Bimlesh Kumar Tiwary Resident of Mohalla- New Colony, P.s.- Chapra Town, Distt.- Saran 7.
Shushila Devi W/o Late Nirsu Narayan Prasad Vill.- Gohpur, P.s.- Garkha, Distt.- Saran 8.
Rajesh Kumar S/o Kiran Kumar Vill.- Mahammadpur, P.s.- Garkha, Distt.- Saran ... ... Petitioner/s
Versus
1.
The State of Bihar through the Principal Secretary, Revenue and land Reform Department, Govt. of Bihar, Patna 2.
The Principal Secretary Revenue and Land Reforms Department, Govt. of Bihar, Patna 3.
The District Magistrate Saran at Chapra 4.
The Sub-Divisional Officer Sadar, Chapra, Distt.- saran 5.
The Circle Officer Sadar Anchal Chapra, Distt.- Saran 6.
The Principal Secretary Home Department, Govt. of Bihar, Patna 7.
The Superintendent of Police Saran at Chapra 8.
The Officer-in-Charge Chapra Muffasil Police Station, Distt.- Saran 9.
Jai Prakash University Saran at Chapra through its Registrar 10.
The Vice Chancellor Jay Prakash University, Saran at Chapra 11.
The Registrar Jay Prakash University, Saran at Chapra ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Binay Krishna For the Respondent/s :
Mr.Sajid Salim Khan (SC-25) For the University : Mr. Nagendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH
Patna High Court CWJC No.11930 of 2019(2) dt.08-07-2019 2/3 ORAL ORDER 08-07-2019 Heard learned counsel for the parties.
2. The petitioners claim that they have purchased lands appertaining to Khata No. 24, Plot Nos. 132 and 135, Khata No.25, Plot No.133, Khata No. 540, Plot No. 134 under Thana No. 239 in the District of Saran through different sale deeds. It is their grievance that the respondents, particularly the District Administration have restrained them from making construction over the land on the ground that the land in question belongs to Jai Prakash University, Chapra. My attention is being drawn to Annexure-2 to this writ application, which is a District Gazette dated 15.10.1995, so as to establish that the land in question was not acquired for Jai Prakash University, Chapra and the same belongs to the petitioners.
3. It also transpires that the petitioners had got issued legal notice under section 80 of the Code of Civil Procedure, which has been brought on record by way of Annexure to this application.
4. Dispute of title and possession of the nature as being raised, cannot be gone into a proceeding under Article 226 of the Constitution of India.
5. This application is disposed of with the liberty for the petitioners to approach appropriate forum/Civil Court of
Patna High Court CWJC No.11930 of 2019(2) dt.08-07-2019 3/3 competent jurisdiction for adjudication of the dispute.
6. This disposes of the application.
(Chakradhari Sharan Singh, J) arun/- U