Shiv Kumar Yadav v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12032 of 2013 ====================================================== Shiv Kumar Yadav Son Of Shri Yadav Resident Of Village And Post Office Chauri, Police Station Daudnagar, Anchal Daudnagar, District Aurangabad .... .... Petitioner/s

Versus

1. The State Of Bihar

2. The District Magistrate - Cum - Collector, Aurangabad

3. The Sub- Divisional Officer, Aurangabad, District- Aurangabad

4. The Sub Divisional Officer, Daudnagar, Aurangabad

5. The Circle Officer, Daudnagar, Aurangabad .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Shriprakash Shrivastava Mr. Lal Bahadur Singh For the State Mr. Dev Kr. Pandey, AC to GP 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 04-10-2016 Heard Mr. Shrivastava for the petitioner and the counsel for the State.

In a representative capacity, the present writ petition has been filed questioning the legality of the order dated 08.01.2013 passed by the District Magistrate in Kabristan Gherabandi Case No. 110 of 2012.

Indisputably, the present dispute relates to a piece of land which is claimed by the petitioner as the land of public use. The respondent District Magistrate has found otherwise in the impugned order. Any such dispute can be raised before and considered by a court of competent civil jurisdiction where the

Patna High Court CWJC No.12032 of 2013 (3) dt.04-10-2016 2/2 petitioner can also question the sustainability of the order passed by the District Magistrate and impugned in the present writ petition. Even a suit in a representative capacity can be filed by the petitioner for appropriate relief.

Granting the said liberty, the writ application is disposed of.

(Kishore Kumar Mandal, J) HR/- U