Single judge dismissed the writ application, directing the petitioner to seek relief from a competent civil court in case of title dispute or via the Public Grievance Redressal mechanism.
Application disposed of with liberty to approach civil court or Public Grievance Redressal Officer.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.4676 of 2019
======================================================
Ram Sakhi Devi Wife of Banke Sharma Resident of village Saidpur Dighwara Police-Station Dighwara, District Saran
... ... Petitioner
... ... Respondents
====================================================== Appearance : For the Petitioner/s : Mr.Arun Kumar Singh For the Respondent/s : Ms. Sangha Mitra Ghosh AC to SC-15 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH
ORAL ORDER
3 08-03-2019
There are two reasons, why I am not inclined to entertain this writ application. The petitioner is seeking a direction to the State respondents to restrain respondent No.7 from forcibly dispossessing the petitioner from a piece of land, which, according to the petitioner, was gifted by one Most. Sanbasiya, Wife of Pavitra Thakur. Respondent No. 7 is said to have issued a Parcha under the Bihar Privileged Persons Homestead Tenancy Act. If the petitioner has to establish that she has right, title and interest over the land in question, she can approach a competent Court of civil jurisdiction in case there is
Patna High Court CWJC No.4676 of 2019(3) dt.08-03-2019 2/2
any dispute. If she is in a position to establish that there is no dispute in respect of her title over the said property, she has remedy under the Bihar Right to Public Grievance Redressal Act, 2015, which she may avail.
This application is disposed of with liberty to the petitioner either to approach the competent Court of civil jurisdiction or make an application before the concerned Public Grievance Redressal Officer.
This application is disposed of accordingly.
(Chakradhari Sharan Singh, J)
Pawan/-
U
2 issues framed by the court
Whether this court can entertain a writ application seeking direction to restrain possession of gifted land.
Whether title dispute or eviction by privileged person requires civil jurisdiction.
2 provisions across 2 enactments
Ram Sakhi Devi
The State of Bihar
The Commissioner, Saran Division
The Collector, Saran
Rabindra Nath Sharma
Chakradhari Sharan Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
