Ajay Kumar Rajak And ANR v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.18994 of 2015 ===========================================================
1. Ajay Kumar Rajak son of Kamehswar Rajak, Resident of village- Jawaharpur. P.O.- Chorbey Ambara, P.S- Sarainya, District- Muzaffarpur.
2. Rameshwar Mahto son of late Ram Sahay Mahto, Resident of villageJawaharpur. P.O.- Chorbey Ambara, P.S- Sarainya, District- Muzaffarpur. .... .... Petitioner/s
Versus
1. The State of Bihar, through the District Magistrate, Muzaffarpur.
2. The Land Reforms Deputy Collector, Muzaffarpur.
3. The Cirrcle Officer, Sarainya, Muzaffarpur.
4. Guddan Kumar Singh, S/o Sunil Singh. Resident fo village- Bishunpur Anand, P.S.- Saraiya, District- Muzaffarpur.
.... .... Respondent/s =========================================================== Appearance :
For the Petitioner/s : Mr. Kalyan Shankar, Adv. For the Respondent/s : Mr. GP13- NASIM YAHYA =========================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE and HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH JUDGMENT AND ORDER ORAL (Per: HONOURABLE THE ACTING CHIEF JUSTICE ) Date: 04-07-2016 Heard Mr. Kalyan Shankar, learned Counsel, appearing on behalf of the petitioners, and Mr. Nasim Yahya, learned Government Pleader No.13, appearing on behalf of the Staterespondents. Having regard to the fact that the present writ petition, made under Article 226 of the Constitution of India, in the form of a Public Interest Litigation, raises several disputed questions of fact, this Court is of the clear view that this writ petition, in the light of
Patna High Court CWJC No.18994 of 2015 dt.04-07-2016 2/2 the disputed questions of fact, cannot be decided in a Public Interest Litigation.
In view of the above, and for the foregoing reasons, this writ petition is disposed of giving liberty to the petitioner to approach this Court with appropriate application, in future, if so advised, and also to take recourse to such provisions of law as may be permissible.
(I. A. Ansari, ACJ) (Chakradhari Sharan Singh, J) K.C.jha/- AFR/NAFR NAFR CAV DATE Uploading Date 5.7.2016 Transmission Date