Asha Devi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4223 of 2013 ====================================================== Asha Devi, Wife of Ramesh Pandit @ Tappu Pandit, Resident of Village Chandheri, P.S. Sabour, District Bhagalpur.

... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

The Vice Chancellor, Bihar Agriculture University, Sabour, Bhagalpur 3.

The Principal, Bihar Agriculture College, Sabour, Bhagalpur. 4.

The District Magistrate, Bhagalpur.

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

For the Petitioner :

Mr. Dhirendra Nath Jha, Advocate For the State :

Mr. Braj Bhushan Mishra, AC to AAG 9 For the University :

Mr. Sunil Kumar Singh, Advocate Mr. Ranvijay Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 04-09-2019 Heard both sides.

The petitioner by filing this writ petition seeks quashing of the order dated 10.01.2012, passed by the Vice Chancellor, Bihar Agriculture University, Sabour, District Bhagalpur by which the Vice Chancellor rejected the representation of the petitioner holding that there is no public road on the land of Khata No.114, Khesra No.125 and the University is the owner of the land.

Learned counsel for the petitioner submits that by order dated 14.11.2011, a Division Bench of this Court directed the Vice Chancellor to pass order on the representation of the petitioner but the Vice Chancellor did not hear the objection of

Patna High Court CWJC No.4223 of 2013(6) dt.04-09-2019 2/2 the petitioner and dismissed the representation of the petitioner. On the face of it, it appears that the petitioner claimed right of easement over the lands of the University but did not show any paper or the maps in order to show that there was path way on the disputed land. The right of easement of the petitioner cannot be decided in this writ petition particularly in view of the fact that the land is in the premises of the Bihar Agriculture University, Sabour.

Having considered the facts, I do not find any merit in this writ petition. Accordingly, the same is dismissed. (Prabhat Kumar Jha, J) S.KUMAR/- U