Uma Lshanker Rai v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16502 of 2014 ====================================================== Uma Shanker Rai son of late Binda Rai, resident of Village-Bahuaara Patti, (Tola Nandpur), P.S.-Madhaura, District-Chapra, Saran .... .... Petitioner

Versus

1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.

2. The Commissioner, Saran Range, Chapra.

3. The District Magistrate, Saran, Chapra.

4. The Additional District Magistrate, Encroachment, Saran, Chapra.

5. The Sub Divisional Magistrate, Madhaura, Saran. .... .... Respondents ====================================================== Appearance :

For the Petitioners : Mr. Nagendra Prasad Yadav, Advocate For the Respondent :

Mr. Sandeep Kumar, GA-8 ====================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE and HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER (Per: HONOURABLE THE ACTING CHIEF JUSTICE) 03-08-2015 Having heard Mr. Nagendra Prasad Yadav, learned Counsel, appearing for the petitioner, and Mr. Sandeep Kumar, learned Government Advocate No.8, appearing for the respondents, we do not find that petitioner has been able to make out any case calling for interference by this Court in exercise of extraordinary jurisdiction under Article 226 of the Constitution of India inasmuch as the question, as to whether the land has or has not been encroached upon, is not an admitted position and none of the encroachers has been made party to the writ petition. This apart, the petitioner has the remedy of instituting appropriate suit for the reliefs, which he has sought for.

Patna High Court CWJC No.16502 of 2014 (2) dt.03-08-2015 2/2 In view of the above, this application stands disposed of (I. A. Ansari, ACJ) (Chakradhari Sharan Singh, J) Pawan/- U