Patna High Court dismissed a writ petition challenging a boundary measurement order. The court held the petition was not maintainable as an appeal was already pending before D.C.L.R. and private rights/facts cannot be decided in writ jurisdiction.
The writ application is dismissed as not maintainable.
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.3005 of 2023
======================================================
... ... Petitioner/s
Versus
... ... Respondent/s
====================================================== Appearance : For the Petitioner/s : Mr. Bhanu Pratap Singh, Adv. For the Respondent/s : Mr. Sajid Salim Khan ( Sc 25 ) Mr. Wasi Ahmad Khan For Respondent no. 5 : Mr. Sanjeev Kumar, Mr. Pravashwen Mishra ======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER
5 02-11-2023
Heard learned counsel for the petitioners, State and private respondent i.e. respondent no. 5.
the order dated 09.11.2022 passed by the Respondent no.2/ Sub-Divisional Officer, Triveniganj, District-Supaul and Respondent no.3/Sub-Divisional Police officer, Triveniganj, District- Supaul in Sub-Divisional Janta Darbar, as contained in Annexure – 4, whereby the Anchal Adhikari, Chhatapur has been directed to measure and demarcate the land in question
Patna High Court CWJC No.3005 of 2023(5) dt.02-11-2023 2/6
situated at Mauza Kathi, P.S. Chhatapur, District Supaul, bearing Khata No. 164 Plot No. 135/752/784/785 Area 20 decimal after deposition of measurement fee in presence of the parties.
Patna High Court CWJC No.3005 of 2023(5) dt.02-11-2023 3/6
no.135 from descendants of recorded tenants and others from the year 2002 to 2005.
Patna High Court CWJC No.3005 of 2023(5) dt.02-11-2023 4/6
Patna High Court CWJC No.3005 of 2023(5) dt.02-11-2023 5/6
filed on behalf of respondent no. 2 to 4 / State and private respondent no. 5. It is jointly urged on behalf of respondents that this writ application is not maintainable, in view of the fact that petitioner has already preferred an appeal before the D.C.L.R., Triveniganj against the order impugned. Petitioner cannot be allowed to pursue multiple remedies for the same relief before different forums.
Patna High Court CWJC No.3005 of 2023(5) dt.02-11-2023 6/6
disputed question of fact and declaration of private rights of parties cannot be decided in a writ jurisdiction under Article 226 of the Constitution of India.
(Prabhat Kumar Singh, J)
anay/-
U
3 issues framed by the court
Whether a writ application challenging a measurement order is maintainable when an appeal is pending before D.C.L.R.
Whether adjudication of disputed questions of fact and declaration of private rights can be done in writ jurisdiction under Article 226.
Whether pursuance of multiple remedies for the same relief before different forums is permitted.
Colour shows how this judgement treated each authority
Satya Pal Anand vs. State of M.P. and Ors.Relied on¶32
(2016) 10 Supreme Court Cases 767
Surendra Yadav and Ors.
State of Bihar
Sub-Divisional Officer, Triveniganj
Sub-Divisional Police Officer, Triveniganj
Anchal Adhikari, Chatapur
Birendra Yadav
Prabhat Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
