Single judge of Patna High Court dismissed a writ application. The court held that the writ was misconceived as the remedy for eviction of a private tenant lies in a civil court.
Petitioner's writ application dismissed; held remedy lies in Civil Court.
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IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.657 of 2010
1. MD.GANI S/O LATE MD. KASHIM R/O VILL.- MOUDDINCHAK, P.S. KOTWALI, DISTT.-
BHAGALPUR
Versus
1. THE STATE OF BIHAR
2. COMMISSIONER BHAGALPUR (DIVISION)
3. DISTRICT MAGISTRATE, BHAGALPUR
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2/ 08/03/2011 Heard learned counsel for the petitioner and
learned counsel for the State.
From the pleadings in the writ application it
appears that the petitioner primarily seeks a decree of eviction against his tenant, a private person. The writ
application is misconceived. The remedy lies in an
eviction petition before the Civil Court.
The writ application is dismissed.
KC ( Navin Sinha, J.)
1 issue framed by the court
Whether a writ court has jurisdiction to decree eviction of a private tenant.
1 provisions across 1 enactments
Md. Gani
The State of Bihar
Navin Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court