Patna High CourtCWJC/16171/2018dismissed

Hiralal Gupta v. The State Of Bihar And ORS

2018-09-11Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16171 of 2018 ======================================================

1. Hiralal Gupta, Son of Late Subhag Lal Gupta, Resident of VillageMadhu Tola, P.S. Khanpur, District- Samastipur. .... .... Petitioner/s

Versus

1. The State of Bihar, through the Principal Secretary Home Department Patna, Bihar.

2. The Collector, Samastipur.

3. The Deputy Collector, Samastipur.

4. The S.P. Samastipur.

5. The Circle Officer, Khanpur, District- Samastipur.

6. The Officer Incharge, P.S.- Khanpur, District- Samastipur.

7. Ratan Lal Gupta.

8. Chandra Bhuhan Kumar, Both are the Son of Late Bishnu Kant Gupta, resident of Village- Madhutola, P.S. Khanpur, Dist. Samastipur. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ghanshyam Choudhary For the Respondent/s : Mr. Manish Kumar- GP4 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 11-09-2018 Heard both sides.

The petitioner has filed this writ petition for a direction to the respondents to unlock the newly constructed building situated at village Madhutol, P.S. Khanpur, District Samastipur which has been locked by the respondent Nos. 7 and 8. The petitioner purchased the land bearing Khata No. 484, Khesra No. 3089, area 5 Katha situated in village Khatuaha, P.S. Khanpur, District Samastipur through registered sale deed but when the petitioner wanted to construct house on his land

Patna High Court CWJC No.16171 of 2018 (2) dt.11-09-2018 2/2 respondent Nos. 7 and 8 obstructed construction of the house. The petitioner complained before the Circle Officer on which Misc. case No. 15/2014-15 was registered. The Amin measured the land. It appears that there is land dispute between the petitioner and respondent Nos. 7 and 8. Therefore, in writ jurisdiction no direction can be issued to the respondents to unlock the premises of the petitioner. Accordingly, I do not find any merit in this writ petition and the same is dismissed. (Prabhat Kumar Jha, J) BKS/- U