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Judgment
By filing this Writ Petition, the petitioner has prayed for the following reliefs:-
"(i)For issuance of an appropriate writ/ writs, order / orders, direction / directions, commanding upon the respondents particularly the respondent no.4 (Superintendent of Police, Dumka) to immediately and forthwith restrain himself or through the respondent no.6 (Officer In-charge of Saraiyahat P.S.) not to interfere peaceful possession of the land situated under Khata No.29, Dag No.235 of Survey Khatiyan of 1 Bigha 2 Kathas 12 dhur, total 47 decimals land of the said Khata, which was settled by the then Pradhan namely Budhi Lal Marandi of Nipaniya in favour of the petitioner and in this regard patta was issued by the then Pradhan in favour of the petitioner in the year 1992-93 and thereafter the petitioner along with his family members were peaceful residing over it, but in connivance of the present Pradhan namely Sukhlal Marandi, who is the son of the then Pradhan Late Budhi Lal Marandi along with anti social elements tried to disturb the peaceful possession of the petitioner over the said land, but inspite of information given by the petitioner and his family members to the concerned respondent, but no action was taken by the respondent authorities in this regard.
(ii)For issuance of an appropriate writ/ writs, order/orders, direction/directions, commanding upon the respondents particularly the respondent no.4 (Superintendent of Police, Dumka) to inquire the matter forthwith and to save the petitioner from the hands of private respondents no.7 to 10 and also to arrest the private respondents no.7 to 10.”
Heard learned counsel representing the petitioner and learned counsel representing the respondents.
It is the grievance of the petitioner that the land where the petitioner is residing, was settled by the Gram Pradhan, who was none but the ancestor of respondent Nos.7 to 10 (private respondents); and after death of the Gram Pradhan, the respondent Nos.7 to 10 are objecting the petitioner’s possession and are trying to dispossess the petitioner from the land in question.
The dispute which has been brought to the notice of this Court, is private in nature.
Considering the nature of dispute, in my opinion, the petitioner should approach the Civil Court for redressal of his grievance, as an application under Article 226 of the Constitution of India, is not a proper remedy.
Thus, with a liberty to the petitioner to approach the Civil Court, this Writ Petition stands disposed of.