Nitay Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.15122 of 2019 ====================================================== Nitay Mahto S/o Late nanu Mahto @ Nanhu Mahto Vill.- Simalbari, Ward No. 3, P.S.- Kisanganj, Distt.- Kisanganj, Bihar ... ... Petitioner
Versus
1.
The State of Bihar 2.
The District Magistrate Kisanganj 3.
The Superintendent of Police Kisanganj 4.
The Sub Divisional Officer Kisanganj 5.
The Deputy Collector Land and Revenue, Kisanganj 6.
The Circle Officer Kisanganj Circle, Kisanganj 7.
The Station House Officer Kisanganj Police Station, Kisanganj 8.
Irshad Alam @ Ishaq Alam S/o Late Abdul Kalam @ Kalam Vill.- Paschimpali Chowk (Uttarpali), P.s.- Kisanganj, Distt.- Kisanganj ... ... Respondents ====================================================== Appearance :
For the Petitioner :
Mr. Sanjeev Kumar For the Respondent/s :
Mrs.Sanghmitra Ghosh, AC to GP-15 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 26-07-2019 The petitioner is seeking a direction commanding the respondents to remove/demolish a boundary wall, which has been illegally constructed by respondent No.8. By raising the boundary wall, it is the petitioner's case, his right of ingress and regress has been adversely affected.
The nature of dispute, which the petitioner has raised, is between him and a private person, i.e., respondent No.8, which cannot be gone into in the present proceeding under Article 226 of the Constitution of India.
It is the case of the petitioner that boundary wall has
Patna High Court CWJC No.15122 of 2019(2) dt.26-07-2019 2/2 been raised by respondent No.8 in a way that the petitioner's right of easement is being affected.
Considering the nature of grievance, this application is disposed of with the observation that the petitioner shall be at liberty to take recourse to appropriate forum in accordance with law, for redressal.
(Chakradhari Sharan Singh, J) Pawan/- U