Court refrains from exercising writ jurisdiction for encroachment issues due to available civil remedies.

CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER

2 09-12-2025 The instant writ petition under Article 226 of the Constitution of India has been filed by the petitioner seeking the following reliefs:-

“I. For issuance of appropriate writ(s), order(s) or directions commanding the respondent authorities to remove the illegal encroachment made by private respondents on the petitioner’s ancestral land bearing Khata no. 202, Khesra No. 76, Area 11 Dismal, situated at village-

Dumharpatti, Ward No.2, Mauza- 163, P.S.- Pupri District- Sitamarhi and for demarcation and protection of the petitioner’s peaceful possession thereof.

II. For direction upon the respondent No.7, the SHO, Pupri police station, Sitamarhi to provide police protection during the removal of encroachment and re-demarcation.

III. For direction upon the respondent No. 5, D.C.L.R., Pupri to conduct fresh measurement and demarcation of the said land in presence of the petitioner and local witnesses.

IV. For direction upon the higher authorities (Respondents 2 & 3) to ensure compliance with the Circle Officer’s order dated

12.08.2025 (Annexure- P/3).

V. For any other relief(s) to which the petitioner may be found entitled in the facts and circumstances of the case”.

2. Mr. Ashok Kumar @ Ashok Karn, learned counsel for the petitioner and Mr. Ravi Ranjan, learned AC to SC-22 for the State- respondents are present and they are heard.

3. The main issue raised by the petitioner relates to an encroachment allegedly made by the private persons over the petitioner’s so claimed land. For redressal of this issue the petitioner has an efficacious remedy before the Civil Court.

This court is not persuaded to invoke writ jurisdiction of this court to redress the petitioner’s issue at this stage. However, the District Magistrate, Sitamarhi, respondent no.3, is directed to dispose of the petitioner’s representation dated 27.09.2025 as per provisions of law within two weeks from the date of receipt/

production of a copy of this order.

4. With the aforesaid direction, the instant writ petition stands disposed of.

(Shailendra Singh, J)