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IN THE HIGH COURT OF JUDICATURE AT PATNA
MOHIT KUMAR SHAH
Arun Kumar Sinha S/o Late Sachidanand Sinha – Appellant
Versus
State of Bihar – Respondent
JUDGMENT :
(MOHIT KUMAR SHAH, J.)
The present writ petition has been filed for setting aside the order dated 16.01.2013, passed by the Circle Officer, Jagdishpur, i.e. the respondent no.5 in Encroachment Case No.6 of 2012-13, as also for setting aside the order dated 30.08.2019, passed by the Additional Collector, Bhagalpur, i.e. the respondent no.3 in Encroachment Appeal Case No.5 of 2018-19, whereby and whereunder the appeal filed by the petitioner against the aforesaid order dated 16.01.2013 has been rejected. The petitioner has also prayed for quashing of the order dated 20.10.2021, passed by the learned Divisional Commissioner, Bhagalpur, i.e. the respondent no.2 in Misc. Encroachment Appeal Case No.64 of 2020-21 whereby and whereunder the appeal filed against the order dated 30.08.2019 has been dismissed as not maintainable.
2. The brief facts of the case, according to the petitioner, are that the petitioner purchased a piece of land from one Smt. Madhulika Singh, about 36 years back, adjacent to the land in dispute and constructed a residential house where he is residing along with his family members. The details mentioned in the sale deed shows that there is 10 feet Rasta for
Disputed questions of fact regarding land status cannot be resolved under writ jurisdiction, emphasizing the requirement for alternative legal pathways in private disputes.
Disputed questions of fact regarding land status cannot be adjudicated in writ petitions under Article 226 of the Constitution.
The Circle Officer lacked jurisdiction to issue prohibitory orders regarding property use, rendering such orders void and unenforceable.
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