Patna High Court
Manju Sinha vs Muzaffarpur Municipal Corporation ... on 20 February, 2025
Author: P. B. Bajanthri
Bench: P. B. Bajanthri, Sunil Dutta Mishra
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.565 of 2022
In
Civil Writ Jurisdiction Case No.4129 of 2018
======================================================
Manju Sinha, widow of Late Santosh Kumar Sinha, Resident of Village-
Harpur Lahori, Sri Ram Nagar Ward No. 12, P.O.- M.I.T., P.S. Yahiyapur,
District- Muzaffarpur.
... ... Appellant.
Versus
1. Muzaffarpur Municipal Corporation through Municipal Commissioner,
Muzaffarpur.
2. Municipal Commissioner, Muzaffarpur Corporation, District- Muzaffarpur.
3. The State of Bihar through Collector, Muzaffarpur.
... ... Respondents.
======================================================
Appearance :
For the Appellant : Mr. Naresh Chandra Verma, Advocate.
For the State : Mr. Yogendra Pd. Sinha, AAG-7.
======================================================
CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
and
HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)
Date : 20-02-2025
I.A. No.1 of 2025:
Heard I.A. No.1 of 2025 for condonation of a delay of
about 19 days in filing the present L.P.A. No.565 of 2022.
2. For the reasons stated in I.A. No.1 of 2025 read
with affidavit, delay of about 19 days in filing L.P.A. No.565 of
2022 stands condoned.
3. Accordingly, I.A. No.1 of 2025 stands allowed.
L.P.A. No.565 of 2022:
4. In the present L.P.A. No.565 of 2022, appellant has
assailed the order of the learned Single Judge dated 29.08.2022
Patna High Court L.P.A No.565 of 2022 dt.20-02-2025
passed in C.W.J.C. No.4129 of 2018.
5. The relief(s) sought for by the appellant in C.W.J.C.
No.4129 of 2018 is read as under:
"For issuance of a direction to the
Respondents to remove the Road and
Nala from the Private Raiyati Land of
the petitioner bearing plot No.139 of
Khata No.26 of Mauza Harpur Lahori
now Sri Ram Nagar ward No.12 under
Ahiyar pur police Station of
Muzaffarpur Town."
6. The learned Single Judge has not interfered on the
sole ground that C.W.J.C. No.4129 of 2018 is not maintainable
in view of the relief(s) sought by the appellant in the writ
petition (C.W.J.C. No.4129 of 2018).
7. Appellant's grievance is directing the Respondent
authorities to remove the road and nala constructed over the
private raiyati land of the petitioner bearing plot no.139, khata
no.26, mauza-Harpur Lahori now Sri Ram Nagar situated at
ward no.12 under the Ahiyar Pur police station, District-
Muzaffarpur Town.
8. The relief(s) sought in the present lis is relating to
Patna High Court L.P.A No.565 of 2022 dt.20-02-2025
civil dispute to the extent that who has encroached the
appellant's property or acquired the property of the appellant in
the aforementioned plot. Therefore, civil dispute cannot be
adjudicated under Article 226 of the Constitution as held by the
Hon'ble Supreme Court in the case of Swati Ferro Alloys
Private Limited Versus Orissa Industrial Infrastructure
Development Corporation (IDCO) and others, reported in
(2015) 4 Supreme Court Cases 204. Therefore, the appellant
has not made out a case so as to interfere with the order of the
learned Single Judge dated 29.08.2022 passed in C.W.J.C.
No.4129 of 2018.
9. At this juncture, learned counsel for the appellant
pointed out counter affidavit filed on behalf of the Circle Officer
in respect of communication dated 16.08.2022 which supports
the opinion of the Circle Officer in favour of the appellant. If it
is so, appellant has a remedy before the Circle Officer or next
higher authority insofar as redressing his grievance or else he
has a remedy of filing civil suit before the concerned Civil
Courts jurisdiction.
10. With the aforesaid observation(s), the present
L.P.A. No.565 of 2022 stands disposed of, while affirming the
order of the learned Single Judge dated 29.08.2022 passed in
Patna High Court L.P.A No.565 of 2022 dt.20-02-2025
C.W.J.C. No.4129 of 2018.
(P. B. Bajanthri, J)
( Sunil Dutta Mishra, J)
P.S./-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 25.02.2025.
Transmission Date NA
