The Patna Bench held that the writ petition, raising an inter-party dispute masquerading as a public interest issue, was a misuse of jurisdiction and dismissed it, directing the petitioner to approach the appropriate statutory forum.
The writ petition was dismissed, and the petitioner was directed to approach the appropriate statutory forum.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.6380 of 2019
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Waakil Singh aged about 42 years Gender Male Son of Lok Nath Singh Resident of Village Dandori, P.O.- Dangari, P.S.- Kudra, District- Kaimur (Bhabua).
... ... Petitioner
Versus
... ... Respondents
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Appearance : For the Petitioner/s : Mr. Ramesh Kumar Singh, Adv. For the Respondent/s : Mr. Raj Kishore Roy, GP18
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CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN and
HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA
ORAL ORDER (Per: HONOURABLE MR. JUSTICE JYOTI SARAN)
2 02-04-2019
Heard the parties.
An individual grievance raising inter-party dispute has taken a colour of Public Interest. It is misuse of a jurisdiction available to raise issues which involve larger Public Interest and not inter-party dispute.
The writ petition is dismissed accordingly.
The petitioner, if so advised, can espouse his cause before the appropriate statutory forum constituted for adjudication on matters of the present kind.
(Jyoti Saran, J)
Surendra/- U
( Arvind Srivastava, J)
3 issues framed by the court
Whether a writ petition raising an inter-party dispute can be treated as a public interest litigation.
Whether the writ jurisdiction should be exercised in a dispute adjudicated by a statutory forum.
Whether the misuse of writ jurisdiction for private disputes should be dismissed.
Waakil Singh
The State of Bihar through the Principal Secretary, Revenue Department, Government of Bihar
The Director Consolidation, Bihar
Collector, Kaimur
Anchal Adhikari, Kudra
Bipin Bihari Tiwari
Jyoti Saran
Arvind Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
