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Patna High CourtCWJC/1225/2014disposed

Binod Choudhary @Binod Kumar Choudhary v. The State Of Bihar And ORS

2016-08-22Mr. Justice Kishore K. Mandal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1225 of 2014 ====================================================== Binod Choudhary @ Binod Kumar Choudhary, Son Of Late Laxmi Choudhary, Resident Of Village - Anchal, Police Station - Bahadurpur and District - Darbhanga .... .... Petitioner

Versus

1. The State Of Bihar

2. The Commissioner, Darbhanga Division, Darbhanga

3. The District Magistrate, Darbhanga

4. The Deputy Inspector General, Darbhanga Range, Darbhanga

5. The Superintendent Of Police, Darbhanga

6. The Sub Divisional Officer, Sadar, Darbhanga

7. The Deputy Collector Land Reforms, Darbhanga

8. The Circle Officer, Bahadurpur, Dist. - Darbhanga

9. The Officer-In-Charge, Bahadurpur Police Station, Darbhanga

10. Amarjeet Sahni Son of Rudal Sahni, Resident of Village + Police Station - Bahadurpur, District - Darbhanga

11. Ramashish Sahni Son Of Jai Karan Sahni Resident Of Village + Police Station - Bahadurpur, District - Darbhanga

12. Mostt. Buchchi Devi, Wife Of Late Sitaram Sahni, Resident Of Village + Police Station - Bahadurpur, District - Darbhanga .... .... Respondents ====================================================== Appearance :

For the Petitioner : Mr. Girish Chandra Jha, Advocate For the Respondents : Mr. Anshul (SC32) ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 22-08-2016 Heard.

The writ application prays for a direction commanding the respondent to protect land of the petitioner from the hands of the private respondents.

Learned counsel for the State has submitted on the basis of statements made in the counter affidavit that there is a land dispute between two parties and, as such, local police has

Patna High Court CWJC No.1225 of 2014 (3) dt.22-08-2016 2/2 recommended for initiating a proceeding under Section 107 of Cr.P.C as well as Section 144 of Cr.P.C.

If there is a land dispute between two parties, it would be inappropriate for the writ court to grant the relief. The parties claiming title/ possession over the land may agitate their claim(s) before appropriate forum/authority in accordance with law. The writ application is disposed of.

(Kishore Kumar Mandal, J.) ravi/- U