Rambha Mishra And ANR v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11154 of 2018 ======================================================

1. Rambha Mishra, Wife of Ram Balak Mishra,

2. Ram Balak Mishra, Son of Late Jagdish Mishra, Both Resident of Village- Vishe Laddugama, Police Station- Benipatti, District- Madhubani. .... .... Petitioner/s

Versus

1. The State of Bihar through District Magistrate, Madhubani.

2. The Sub-Divisional Officer, Benipatti, Madhubani.

3. The Sub-Divisional Police Officer, Benipatti, Madhubani.

4. The Officer-in-Charge, Benipatti Police Station, Madhubani.

5. Mahendra Narayan Rai @ Mahendra Rai, Son of Ganaur Rai,

6. Geeta Devi, Wife of Mahendra Narayan Rai, Both Resident of VillageVishe Laddugama, Police Station- Benipatti, District- Madhubani.

7. The Circle Officer, Benipatti, District- Madhubani. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Shailendra Kumar Jha For the Respondent/s : Mr. Raj Kishore Roy- GP18 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 13-09-2018 Heard both sides.

The petitioners have filed this writ petition for removal of encroachment from the land of Khata No. 46 (new) 108 (old), Khesra No. 394 (new) 242 (old), area four dhur. The petitioners are claiming this land by virtue of gift deed. This court in writ jurisdiction cannot pass any order for removal of encroachment allegedly made by a private person. Accordingly, I do not find any merit in this writ petition and the same is dismissed.

(Prabhat Kumar Jha, J) BKS/- U