Petitioner complained of private encroachment over his land. The court held that a writ does not lie against a private individual or to resolve a private dispute with civil connotation. The writ petition was dismissed as not maintainable and disposed of accordingly.
The writ petition was disposed of accordingly as it is non-maintainable.
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IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.593 of 2014
====================================================== Naresh Pd. Rajak, son of Late Lakshman Dhobi, resident of VillageSahokhar, P.O. and P.S.- Soahsarai, District- Nalanda. .... .... Petitioner/s Versus 1. The State Of Bihar. 2. The Collector, Biharsharif District-Nalanda. 3. The Director, Land Records and Survey, Biharsharif, Nalanda. 4. The D.C.L.R. Biharsharif, Nalanda. 5. The C.O. Biharsharif, Nalanda. 6. The S.D.O. Biharsharif, Nalanda. 7. The Revenue Officer, Biharsharif, Nalanda. 8. The Settlement Officer, Biharsharif, Nalanda. 9. The Circle Officer, Biharsharif, Nalanda. .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Raj Kumar Singh For the Respondent/s : Mr. Upendra Pratap Singh, AC to SC-25 ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER
The petitioner complains of encroachment over his raiyati land by some private individuals.
Although considering the nature of dispute I am of
the opinion that the writ petition itself is not maintainable for no writ lies against a private individual or for resolving any private dispute having civil connotation. Even otherwise it is stated at the Bar by Mr. Upendra Pratap Singh, learned Assisting Counsel to Standing Counsel No.25 that as per the instruction received by him as communicated by the District Magistrate, Nalanda, 4 decimals out of the 39 decimals of land of plot no.1930 of khata
Patna High Court CWJC No.593 of 2014 (3) dt.26-02-2015
2
no.243 which is in the nature of Gairmazarua Malik, was settled with the father of the petitioner under Settlement Case No.6/1 of 1992-93. It is stated that of the 4 decimals 2 decimals had been encroached by Rajendra Prasad and others and under the orders of the Deputy Collector, Land Reforms passed in Land Dispute Case No.69 of 2012-13 the same has been removed.
In the circumstances discussed, no useful purpose would be served in keeping the writ petition pending and which is disposed of accordingly.
Let a photo copy of the instruction so received be maintained on the records of the proceedings.
(Jyoti Saran, J)
SKPathak/-
U
1 issue framed by the court
Whether a writ petition challenging private encroachment over raiyati land is maintainable in this court.
Naresh Pd. Rajak
The State Of Bihar
The Collector, Biharsharif District-Nalanda
The Director, Land Records and Survey, Biharsharif, Nalanda
Jyoti Saran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
