IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.16515 of 2010
RAJU MAHATO s/o Jageshwar Mahato, residing at Ward
No.31, Sardar Patel Nagar P.O.+P.S+Dist. Saharsa and
presently elected to the post of The Chair man, Nagar
Parishad, Saharsa, Dist. Sahrarsa.. ..Petitioner.,
Versus
1. THE STATE OF BIHAR, through the Chief
Secretary, Old Secretariat Govt. of Bihar (Patna),
2. The Collector at Saharsa, Dist. Saharsa,
3. The S.D.O at Saharsa, Dist. Saharsa
4. The B.D.O at Kahra Dist. Saharsa
5. The Executive, Saharsa Dist. Saharsa
6. Lalla Prasad Berma s/o Tapeshwari Bhagat, Ward
No.31 Sardar Patel Nagar, P.O+P.S+Dist. Saharsa..
........Respondents
For the petitioner: Mr. S.S.P.Yadav, Advocate
For the State : Mr. Ajay ,SC-XXIV
................
6 20.12.2010 After hearing the parties, we find that there is
dispute over the land between the petitioner and some other on
one hand and respondent No.6 on the other. From the
pleadings in the writ petition particularly in Paragraph 4(iii) as
well as from the Amin’s report, Annexure- B to the counter
affidavit filed on behalf of the State, it is clear that the land
over which road is being claimed by the petitioner is Raiyati
land. According to petitioner, the Raiyats by agreement gave
up part of their private lands for purpose of a road but
respondent No.6 has now obstructed that road by creating
gate and a wall.
2
In our view, the dispute lacks elements of public
interest and is fit to be settled between the parties before an
appropriate court. The writ petition is, accordingly, disposed
of.
(Shiva Kirti Singh, J)
(Dr. Ravi Ranjan, J)
Sanjay-II
