Court No. - 6
Case :- WRIT - C No. - 38394 of 2019 Petitioner :- Rajesh Kumar Respondent :- District Magistrate And 10 Others Counsel for Petitioner :- Ratnesh Kumar Srivastava,Ram Babu Yadav Counsel for Respondent :- C.S.C.
Hon'ble Anjani Kumar Mishra,J.
The name of Shri Ram Babu Yadav has wrongly been shown as learned counsel for the petitioner in the list. He actually appears for the respondent.
Computer section is directed to make necessary and requisite correction in the computer data base.
The petitioner complains of dispossession from his bhumidhari land by private respondents 4 to 10.
It is stated that earlier in time a patta has been set-up by the said respondents but the same was found to be forged and a non existence document.
The petitioner has sought directions to the State-respondents to put him in possession over the land, which has been occupied by private respondents.
Since the land in question is a bhumidhari land of the petitioner and in the unauthorized occupation of the respondents 4 to 10, remedy available to the petitioner is by means of a suit for possession. The petitioner in case, so advised, may avail this remedy for redressal of his grievance. The administrative authorities do not have a right to dispossess an unauthorized occupants from the bhumidhari land while exercising administrative powers.
Subject to the above, this writ petition stands disposed of.
Order Date :- 28.11.2019 Mayank