Petitioner filed writ petition directing authorities to vacate land held in encroachers' possession. Court held title disputes are civil, not within writ jurisdiction. Writ petition dismissed.
Writ petition dismissed as it involves a pure civil dispute regarding right and title in land which is not within writ jurisdiction.
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.5094 of 2023
======================================================
Lalchand Mani Son of Late Shiv Shankar Mahto, Resident of VillageMahmuna Tola Ramnagar, Post-Mahmna, Police Station-Tekari, DistrictGaya.
... ... Petitioner
Versus
... ... Respondents
======================================================
Appearance :
For the Petitioner/s : Mr.Sanjay Kumar Sinha For the Respondent/s : Mr.Raj Kishore Roy (Gp18) ======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER
3 02-11-2023
Heard learned counsel for the petitioner and the State.
2.Writ petition has been filed for directing the respondent authorities to vacate the land of petitioner mentioned in the writ petition, from the possession of encroachers.
of the High Court does not extend to dispute between private parties relating to properties, right and title. It is a pure civil dispute for which, a regular suit in a competent civil court is the only remedy. The same cannot be adjudicated in writ jurisdiction by impleading some public authority and seeking direction against them.
Patna High Court CWJC No.5094 of 2023(3) dt.02-11-2023 2/2
dismissed.
(Prabhat Kumar Singh, J)
shashi/-
U
1 issue framed by the court
Whether the High Court in writ jurisdiction can direct respondent authorities to vacate land from possession of encroachers when title dispute exists.
Lalchand Mani Son of Late Shiv Shankar Mahto
The State of Bihar through the Principal Secretary, Revenue and Land Reforms Department, Government of Bihar, Patna
Prabhat Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
