Pramod Kumar Biswas And ANR v. The State Of Bihar And ORS

Patna High Court C.Misc. No.243 of 2017 (2) dt.10-02-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.243 of 2017 ====================================================== Pramod Kumar Biswas & Anr .... .... Petitioner/s

Versus

The State of Bihar & Ors .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Gopal Kumar Jha For the Respondent/s : Mr. Sajid Salim Khan- Sc25 ====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 10-02-2017 Heard the learned counsel for the petitioners and the learned counsel for the State.

This application has been filed under Article 227 of the Constitution of India praying for issuance of appropriate direction directing the respondents not to intervene in the peaceful possession of the petitioners with respect to the land bearing Khata No.674, Khesra No.6724, area 52 decimals.

It is settled principles of law that High Court never exercises original jurisdiction under Article 227 of the Constitution of India. Therefore, this application under Article 227 of the Constitution is not maintainable.

The petitioners, if so advised, may convert this civil miscellaneous application to a writ application under Article 226 within two weeks failing which this application shall stand dismissed as not maintainable.

Saurabh/- (Mungeshwar Sahoo, J) U