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Judgment
S.J. Mukhopadhaya, J.—The writ petition was preferred by the petitioners for issuance of a writ in the nature of mandamus commanding upon 4th to 6th respondents to explain immediately and forthwith as to under what authority or law they are making construction of Industrial Training Institute over various plots of land having Khata No. 88 measuring 16.54 acres, recorded jointly in the name of the Raiyats of Mauza Hansker.
The grievance of the petitioners is that the State authorities are constructing Industrial Training Institute building without acquiring the land in question.
Counsel for the State was directed to obtain instruction as to whether the land on which the respondents intend to construct Industrial Training Institute building in the District of Garhwa belongs to the State Government or the same has been acquired.
A counter-affidavit has been filed on behalf of 2nd to 5th respondents and another on behalf of 7th respondent.
The 7th respondent, in his counter-affidavit, has enclosed one deed of gift executed by two nominees of the Raiyats'' as registered on 29th September, 2003. By the said deed of gift certain land of plot Nos. 1180, 1185, 1186, 1187, 1188 and some other lands have been gifted in favour of the State.
Learned counsel for the petitioner submitted mat the land in question is in the name of eighty eight Raiyats but it has been signed by only two nominees. Though such submission has been made but the aforesaid disputed issue cannot be determined by this Court under its writ jurisdiction. As it is a dispute purely civil in nature, the aggrieved person is given liberty to move before a civil Court of competent jurisdiction for appropriate relief. The writ petition stands disposed of with aforesaid liberty.