Patna HC held petitioner's writ petition for possession against private encroachers not maintainable. Relief lies in competent civil court. Petition disposed of as such.
The writ petition was disposed of with direction to seek relief in competent civil court.
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Patna High Court CWJC No.25742 of 2013 (2) dt.09-12-2014
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.25742 of 2013
====================================================== Lakhi Devi, W/O Umesh Rajak, resident of Village- Bishunpur, P.S. Kochadhawan, District- Kishanganj.
.... .... Petitioner/s Versus 1. The State of Bihar. 2. The Commissioner, Purnea Division, Purnea. 3. The Collector, Kishanganj. 4. The D.C.L.R., Kishanganj. 5. The Circle Officer, Kochadhawan, Kishanganj. .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Abbas Haider For the Respondent/s : Mr. Rajesh Kumar, GP-8 ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 2 09-12-2014 Heard the parties. The petitioner has prayed for a direction to put him in possession after removing the encroachment caused at the instance of some private individuals who are not added as party respondents.
The relief prayed for by the petitioner cannot be a subject matter of a writ petition and the appropriate forum for redressal of the grievance raised herein lies before a court of competent civil jurisdiction and the petitioner, if so advised, can avail of the same.
The writ petition is accordingly disposed of.
(Jyoti Saran, J)
SKPathak/-
U
2 issues framed by the court
Whether the petitioner's prayer for possession due to encroachment by private individuals is maintainable in writ jurisdiction.
Whether the appropriate forum for redressal of such grievance lies in civil jurisdiction.
Lakhi Devi
State of Bihar
Commissioner, Purnea Division
Collector, Kishanganj
D.C.L.R., Kishanganj
Circle Officer, Kochadhawan
Jyoti Saran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
