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Judgment
Heard learned counsel representing the petitioner and learned counsel representing the respondents.
By filing this writ petition, the petitioner is seeking mandamus upon respondent Nos.6 to 12, not to interfere with the possession of the petitioner over plot No.321, Jamabandi No.86, Mauza Hansdiha, Thana No.51, Saraiyahat, District Dumka.
Learned counsel representing the petitioner submits that the respondents are trying to grab the plot in question i.e. Plot No.321 and are constructing a Temple. He submits that as per the respondents, they are constructing the Temple in Plot No.320, but in fact the actual construction is being made on Plot No.321.
After hearing the parties, I find that there is a dispute in respect of declaration of possession over the property in question and respondent Nos.6 to 12 are none but the private persons. If the petitioner is claiming possession over the plot in question i.e. Plot No.321, he should approach the Sub-Divisional Officer by filing an application under Section 163 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, or he may approach the appropriate Civil Court. Invoking Article 226 of the Constitution of India, in these types of disputes, is not an appropriate remedy.
With the aforesaid observations, this writ petition stands disposed of.