Ram Janki Thakurbari Trust Committee v. State Of Bihar
2002-12-04
R.N.PRASAD, RAVI S.DHAVAN
body2002
DigiLaw.ai
Judgment 1. This Letters Patent Appeal has been filed against the order dated 17 September, 2002 in C.W.J.C. No 7856 of 2002 : Shri Ram Janki Thakurbari Trust Committee & ano. V/s. The State of Bihar & ors. 2. It may be placed on record that the petitioners had earlier come by a writ petition (C.W.J.C. No. 2659 of 2001) which was disposed of by an order of 7 March, 2001 permitting the petitioners to approach the District Magistrate to look into the matter and take steps in accordance with law. 3. The petitioners did approach the District Magistrate. The contention is that his order, in effect, does not give any relief to the petitioners. Nothing stops the petitioners, if the claim of public land be correct and they are aggrieved by the order of the District Magistrate, to file an appeal under the Bihar Public Land Encroachment Act or, for that matter seek a declaration of their rights and of the encroachment which has been caused and if the encroachment creates nuisance take recourse to other remedies. These issues cannot be debated in a writ petition. 4. The court is not inclined to interfere with the order of the learned Judge as in any case the door has not been closed upon the petitioners and yet another one has been opened that the petitioners may approach the Bihar Board of Religious Trust also. 5. Dismissed.