Brajesh Kumar Bhardwaj v. The State Of Bihar Through The Principal Secretary, Land Reforms, Government Of Bihar Patna And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.98 of 2019 Arising Out of PS. Case No.- Year- Thana- District- ====================================================== Brajesh Kumar Bhardwaj son of Late Yogi Singh, resident of village - Papraur P.S. Barauni, District- Beguasari ... ... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Land Reforms, Government of Bihar Patna

2. The Secretary, Department of Home, Government of Bihar, Patna

3. The Divisional Commissioner, Division - Munger

4. The Deputy Collector, Land Reforms, Begusarai

5. The Superintendent of Police, Begusarai.

6. The Deputy Superintendent of Police, Begusarai.

7. Circle Officer,Barauni, Distt.- Begusarai.

8. Uday Paswan son of Late Fuleshwar Paswan, resident of village - Papraur, P.S- Barauni, Distt.- Begusarai.

9. Sajan Paswan son of Late Mantun Paswan, resident of village - Papraur, P.S. - Barauni Distt.- Begusarai.

10. Shatrughan Paswan son of Late Fuleshwar Paswan, resident of village - Papraur, P.S. - Barauni, District- Begusarai.

11. Ranjeet paswan son of Late Fuleshwar Paswan, resident of village - Papraur P.S. - Barauni, District- Begusarai.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Nakul Kumar Jamuar, Advocate For the Respondent/s :

Mr.Subash Chandra Yadav, G.P.-15 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL JUDGMENT Date : 21-01-2019 Heard learned counsel for the petitioner and learned counsel for the State.

2.

By way of the instant writ petition, the petitioner has prayed for to issue directions to the respondent concerned to remove the encroachment made by the private respondent nos. 8 to 11 on the land of the petitioner as well as the land of 'Keshre Hind'.

Patna High Court Cr. WJC No.98 of 2019 dt.21-01-2019 2/2 3.

Several disputed facts relating to right, title and possession have been raised by the petitioner in the present writ petition.

4.

In my considered opinion, a suit and not a writ is an appropriate remedy for declaration of right, title, possession, demolition or removal of any structure from any land. 5.

In that view of the matter, I am not inclined to entertain the present writ petition. It is dismissed accordingly. (Ashwani Kumar Singh, J) Md. S/SKSuman.

AFR/NAFR NAFR CAV DATE NA Uploading Date 23.01.2019 Transmission Date 23.01.2019