Dismissed¶¶32

Tara Charan Mishra v. The State of Bihar

Patna HC23 Jul 2024L.P.A/396/2019

Case brief

AI extract

What is this about?

Devendra Mishra v. State of Bihar; LPA No. 396 of 2019, Patna High Court, decided 23-07-2024; Article 226 writ jurisdiction cannot decide title disputes; Bihar Land Dispute Resolution Act, 2009; D.C.L.R. Saharsa Case no. 2 of 2016 withdrawn; land dispute with government school at Mahisi, Saharsa; khata no. 4099 plot no. 891 recorded with Department of Education; writ petition dismissed with liberty to approach civil court; oral judgment by Justice Partha Sarthy with Chief Justice K. Vinod Chandran.

What did the court decide?

Liberty to the appellant to pursue his claim with respect to the land in question in the competent Court of Civil Jurisdiction. ¶¶32

Tara Charan Mishra Vs The State of Bihar — Writ and Judicial Review | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.396 of 2019

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Civil Writ Jurisdiction Case No.10159 of 2016

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======================================================

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Devendra Mishra S/o Late Tara Charan Mishra, r/o Village Mahisi, P.O. and P.S.Mahisi, District-Saharsa. ... ... Appellant/s

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... ... Appellant/s

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Versus

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The State of Bihar

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The Collector Saharsa

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The Superintendent of Police Saharsa

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The District education officer Saharsa

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The D.C.L.R Saharsa

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The head master shri ugratara middle school Mahisi, Saharsa

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... ... Respondent/s

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====================================================== Appearance : For the Appellant/s : Mr. Chandra Kant, Advocate For the Respondent/s : Md. Khurshid Alam, AAG-12 ======================================================

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CORAM: HONOURABLE THE CHIEF JUSTICE

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and

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HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE PARTHA SARTHY)

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Date : 23-07-2024

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Heard learned counsel for the appellant and learned counsel for the respondents.

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The instant appeal has been preferred by the writ petitioner- appellant against the order dated 25.2.2019 passed in CWJC no. 10159 of 2016.

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The case of the appellant in brief is that he is the owner of and in possession of 2 kathas 19 dhurs 10 dhurki of land in the village Mahisi in the District of Saharsa and adjacent to the said plot is a Government School. The School authorities

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Patna High Court L.P.A No.396 of 2019 dt.23-07-2024 2/3

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tried to make construction over the land of the appellant which led to the appellant filing an application before the Deputy Collector Land Reforms, Saharsa under the Bihar Land Dispute Resolution Act, 2009. It was the case of the appellant that the respondents be directed to decide the case expeditiously.

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A further application was filed by the appellant in the writ application stating that the respondents had carried out construction and as such he prayed that the prayer made in the writ application be amended by adding a further prayer for a direction to the respondents to demolish the construction made by them during pendency of the writ petition over the land of the appellant. The appellant also withdrew his petition filed before the D.C.L.R, Saharsa, which was registered as Case no. 2 of 2016.

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A counter affidavit was filed by the respondents both in the writ application as also in the instant appeal.

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The case of the respondents is that so far as the statement of the appellant with respect to carving out of plot nos. 890 and 891 measuring an area of 5 katha 9 dhurs in the name of his ancestors is concerned, the same is factually wrong for the reason that khata no.4099, plot no. 891 measuring an area of 44 decimal is recorded in the name of Department of Education, Bihar Sarkar with Middle School, Mahisi mentioned in the

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Patna High Court L.P.A No.396 of 2019 dt.23-07-2024 3/3

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remarks column.

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Having heard learned Counsel for the parties and having perused the material on record, the Court is of the opinion that there being dispute with respect to title and possession of the land in question, the learned Single Judge rightly held that the question of title cannot be gone into by this Court in a proceeding under Article 226 of the Constitution of India and accordingly dismissed the writ petition giving liberty to the appellant to approach the competent Court of Civil Jurisdiction for adjudication of his claim.

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This Court finds no merit in the instant appeal.

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The appeal stands dismissed with liberty to the appellant to pursue his claim with respect to the land in question in the competent Court of Civil Jurisdiction.

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(K. Vinod Chandran, CJ)

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(Partha Sarthy, J)

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Shiv/-

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AFR/NAFR
CAV DATE	N/A
Uploading Date	25.07.2024
Transmission Date

Tara Charan Mishra v. The State of Bihar

Case brief

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Tara Charan Mishra v. The State of Bihar

Case brief

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