Patna High Court
Sunil Kumar Das vs The State Of Bihar on 1 August, 2022
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4062 of 2022
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1. Sunil Kumar Das Son of Shankar Das Resident of Village- Bagha, Ward
No.29, P.S.- Begusarai, District- Begusarai.
2. Md. Kalim Son of Late Suleman Resident of Village Mohanpur, Ward
No.10, P.S.- Cheriya Bariyarpur, District- Begusarai.
3. Arjun Das Son of Bangali Das Resident of Village- Ashok Nagar, P.S.-
Begusarai, Ward No.36, District- Begusarai.
... ... Petitioners
Versus
1. The State of Bihar through the District Magistrate, Begusarai.
2. The District Magistrate, Begusarai.
3. The Municipal Commissioner, Begusarai Municipal Corporation, District-
Begusarai.
4. The Sub Divisional Officer, Begusarai Sadar, Begusarai.
5. The Circle Officer, Begusarai, District- Begusarai.
6. Sri Gopal Prasad Singh Janki Niwas, Ward No-30, Kachahari Road, P.S. and
Distt- Begusarai.
... ... Respondents
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Appearance :
For the Petitioner/s : Mr. Raj Dular Sah, Adv.
For the Respondent/s : Mr. Yogendra Pd. Sinha (AAG-7)
Mr. Ravi Bhushan Verma
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CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH
and
HONOURABLE MR. JUSTICE SHAILENDRA SINGH
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH)
Date : 01-08-2022
The petitioners have filed the instant writ
application with a prayer to direct the authorities to stop the
process of demolition of shops situated in the southern side of
JEMS hotel, Kachahri road, Begusarai on the ground that they
Patna High Court CWJC No.4062 of 2022 dt.01-08-2022
themselves got the shops repaired and they are paying proper
rent to Ayodhya Prasad Singh Trust Estate Janki Niwas, Traffic
Chowk, Begusarai.
In para-10 of the application, it has been stated that
the Secretary of the Trust, namely, Ayodhya Prasad Singh sent a
letter on 06.10.2020 to the Authorities of Municipal Corporation
stating therein that Gopal Prasad cannot demolish the shops of
the petitioners without permission of the Bihar Religious Trust,
Bihar, Patna.
Apparently, the writ application is between private
parties and the dispute, if any, is of civil nature. It is well settled
that a writ petition is a remedy in public law which may be filed
by any person where the main respondent should be either
Government or Governmental agencies or a State or
instrumentalities of a State within the meaning of Article 12 of
the Constitution of India. The High Court can issue writ to any
person under Article 226 of the Constitution of India, but the
person against whom the writ would be issued must have
statutory or public duty to perform.
In the instant case, a pure dispute of civil nature
between private parties, is being agitated under the writ
jurisdiction. Since the writ petition is not maintainable, we are
Patna High Court CWJC No.4062 of 2022 dt.01-08-2022
not inclined to entertain it.
It is dismissed, accordingly.
(Ashwani Kumar Singh, J)
( Shailendra Singh, J)
rohit/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 03-08-2022
Transmission Date NA
