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Patna High CourtCWJC/14022/2019dismissed

Mohan Lal Das @ Mohan Lal v. The State Of Bihar

2019-07-25Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14022 of 2019 ====================================================== Mohan Lal Das @ Mohan Lal, Son of Satya Narain Lal Das, Resident of Village- Dudhail, Gotoli, P.S.- Bisafi, District- Madhubani. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Land Reforms and Revenue Department, Govt. of Bihar, Patna.

2.

The District Magistrate, Madhubani (Bihar).

3.

The Deputy Collector, Land and Reforms, Benipatti under DistrictMadhubani. 4.

The Circle Officer, Circle Office, Bisafi under District- Madhubani. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dhananjay Kumar Singh, Advocate For the Respondent/s :

Mr. Majid M. Khan, AC to AAG-12 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 25-07-2019 Heard learned counsel for the parties.

2. From close reading of the writ application, it appears that there is dispute of title between the petitioner and his brother Umesh Lal Das. The petitioner has filed the writ application seeking direction to the respondents to submit demarcation report in respect of the disputed land.

3. It appears that the petitioner and said Umesh Lal Das, who are sons of Satya Narain Lal Das, have some dispute in respect of extent of their share in the joint family property. The dispute of such nature cannot be gone into a writ proceeding under Article 226 of the Constitution.

Patna High Court CWJC No.14022 of 2019(3) dt.25-07-2019 2/2

4. A counter affidavit has been filed on behalf of the State of Bihar, which is taken on record.

5. This application is dismissed with observation that the petitioner will be at liberty to approach the appropriate forum for adjudication of the dispute between him and said Umesh Lal Das.

(Chakradhari Sharan Singh, J) Rajesh/- U