Order The present writ petition has been perferred for the following reliefs:- (a) For issuance of an appropriate writ in the nature of mandamus commanding upon the respondents, particularly nos. 2 and 3, to remove the wall, which has been illegally constructed by respondent no. 4 on Plot No. 737, Khata No. 274, which exclusively belongs to the petitioner and which has been purchased by her under a valid deed of sale from its lawful vendor, namely, Babul Mahto for which mutation has already been completed and receipts have also been issued in the name of the petitioner; and (b) For issuance of a further writ commanding upon the respondents to immediately and forthwith remove the encroachment of the wall which has also blocked the back gate and the entire drainage system of the petitioner causing miserable miseries for the petitioner and his entire family and to impose heavy cost on respondent no. 4 for such misconducts, which has made the life of the petitioner and his family completely miserable. 2. The main contention raised by the learned counsel for the petitioner is that the authorities have chosen not to remove the illegal construction made by respondent no. 4, which has blocked the back gate of the petitioner, even though a report has been given by the Government Amin with regard to the illegal encroachment and construction after due measurement on the direction of the Circle Officer. 3. The property, in question, is not a public land and, thus admittedly the provisions of Public Land Encroachment Act will not apply. 4. Learned counsel for the petitioner has further submitted that the illegally constructed wall by respondent no. 4 over Khata No. 274 Plot No. 737, which belongs exclusively to the petitioner by virtue of valid deed of sale, be ordered to be removed. 5. Learned counsel for the respondents has submitted that this writ petition is not maintainable under Article 226 of the Constitution of India, since the remedy lies by filing a civil suit. It is further submitted that the Circle Officer was not the competent authority. 6. I have considered the rival submissions and also the sale deed as annexed by the petitioner.
It is further submitted that the Circle Officer was not the competent authority. 6. I have considered the rival submissions and also the sale deed as annexed by the petitioner. The admitted fact remains that it is a pure and simple civil dispute between the two individuals with regard to encroachment on private land and, thus, it is a private civil dispute beyond the purview of the Bihar Public Land Encroachment Act and the remedy is available by filing a civil suit and not a writ petition under Article 226 of the Constitution of India and, thus, the prayer to issue a writ of mandanus based on the report that also by an authority, whose competence has been challenged, is unsustainable in the eyes of law. 7. Even otherwise the Circle Officer and the Government Amin can only interfere in a public land and not a private land. 8. Considering the aforesaid facts and circumstances of the case, this writ petition under Article 226 of the Constitution of India is not maintainable and the same is, accordingly, dismissed. However, the petitioner is at liberty to file appropriate proceeding before an appropriate forum, if so advised.