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2002 DIGILAW 449 (PAT)

Shyam Deo Paswan v. State Of Bihar

2002-04-05

RAVI S.DHAVAN, SHASHANK KR.SINGH

body2002
Judgment 1. Appellant Shyam Deo Paswan was also the petitioner on C.W.J.C. No. 414 of 2002 : Shyam Deo Paswan V/s. The State of Bihar & Ors. 2. Proceedings were initiated against him for removal of encroachment. The land was possessed by the State respondents and constructions which had been made by the petitioner on the land had been demolished. The petitioner resisted the action and filed a writ petition. His case before the learned Judge was that he has papers in his possession and he had been possessed of the land in question for a very long time and as the proceedings had been consigned there was no occasion to open up the proceedings not with standing the person who had made the complaint. 3. The learned Judge was of the opinion that since this was an encroachment a clear-cut remedy had been provided and there is no occasion for the petitioner to invoke the writ jurisdiction of the High Court when an alternate forum and remedy were available. 4. The Court finds nothing incorrect in the order of learned Judge in dismissing the petition and relegating him to the appeal authority if the petitioner intends to file an appeal. But, the petitioner still chases the controversy by this Letters Patent Appeal at the High Court. 5. Now that the Court has seen the record, the learned Judge was kind to the petitioner to simply relegate him to the appeal forum. The circumstances prima facie do not permit the petitioner to lay a claim on the particular plot of land without showing his title. It is on record that the petitioner misused his position as a Mukhia and this seems to be relevant in possessing this land. Thus, a question will need to be gone into whether the petitioner has misutilised his political position as a Mukhia in usurping this particular land. All these aspects may be looked into in the appeal which the petitioner did not file. 6. Dismissed.