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Patna High CourtCWJC/18204/2017withdrawn

Nishikant Singh v. The State Of Bihar And ORS

2018-05-01Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18204 of 2017 ====================================================== Nishikant Singh, Son of Late Ram Charan Singh, Resident of Village Tilakpur, P.S.- Rajaun, District- Banka.

... ... Petitioner/s

Versus

1. The State of Bihar through Chief Secretary, State of Bihar.

2. Tilka Manjhi Bhagalpur University Bhagalpur through its Registrar.

3. The Vice Chancellor, Tilka Manjhi Bhagalpur University, Bhagalpur.

4. The Collector, Banka.

5. The D.C.L.R. Banka.

6. Anchal Adhikari Rajaun, District Banka.

7. Principal, D.N. Singh College, Bhusia, P.S. Rajaun, District Banka.

8. Chairman, Governing Body D.N. Singh College Bhusia, P.S. Rajoun, District Banka.

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

For the Petitioner/s :

Mr. Mritunjay Prasad Singh For the Respondent/s :

Mr. A.R.Pandey, AAG-15 ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 01-05-2018 Heard Mr. Mritunjay Prasad Singh, learned counsel for the petitioner and learned AC to AAG-15 for the respondentState. The petitioner is aggrieved with the construction of the boundary wall of D.N. Singh College, Bhusia on the land, appertaining to Plot Nos. 167 and 168, Thana No. 571, situated in Mauza Kifayatpur, Circle Rajaun, District Banka, which has completely blocked the ingress and egress of the petitioner. In view of the fact that the dispute relates to the title and possession of the land in question, which cannot be resolved in exercise of discretionary jurisdiction under Article 226 of the

Patna High Court CWJC No.18204 of 2017(2) dt.01-05-2018 2/2 Constitution of India, as the same requires leading of evidence, which at best can be resolved through a suit by a competent Court having civil jurisdiction, learned counsel for the petitioner seeks permission to withdraw the present writ application to take recourse of appropriate forum for redressal of his grievances.

Permission is accorded.

Accordingly, the present writ application is dismissed as withdrawn with above mentioned liberty to the petitioner. (Dinesh Kumar Singh, J) Amrendra/- U