Patna High CourtCWJC/16144/2014dismissed

Padmanand Singh v. The State Of Bihar And ORS

2015-09-02Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16144 of 2014 ====================================================== Padmanand Singh S/o Late Laxmi Narain Singh, resident of MohallaMaharana Pratap Chauk, Gautam Nagar, Saharsa, Ward no. 12, P.S. and District- Saharsa .... .... Petitioner

Versus

1. The State of Bihar through the Chief Secretary, Old Secretariat, Bihar, Patna

2. The Commissioner, Koshi Division, Saharsa

3. The Collector-cum- Chairman, District Literacy Committee, Saharsa

4. The Secretary, District Literacy Committee, Saharsa

5. The District Programme Officer, Saharsa

6. The Sub Divisional Officer, Saharsa

7. The Registrar, District Literacy Committee, Saharsa .... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Amarnath Jha For the Respondent/s : Mr. AC to GP-2 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 02-09-2015 Heard Sri Amarnath Jha, learned counsel for the petitioner and learned AC to GP-2.

The petitioner, invoking writ jurisdiction of this Court under Article-226 of the Constitution of India, has prayed for directing the Respondents for payment of rent of the house of the petitioner, which is in occupation of the Respondent/ State, besides other reliefs.

In this case, a counter affidavit has been filed on behalf of Respondents. Learned State Counsel submits that the Department was ready to pay the rent, but unauthorisedly the petitioner himself had restrained the Respondents from using the

Patna High Court CWJC No.16144 of 2014 (4) dt.02-09-2015 2/2 premises. He has referred to a communication dated 02.08.2014, which is Annexure-C at page-7 to the counter affidavit. In view of nature of dispute, the Court is of the opinion that such dispute may not be adjudicated in a writ proceeding. If so advised, the parties may approach the court of competent jurisdiction.

The writ petition stands dismissed.

(Rakesh Kumar, J) NKS/- U