IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14378 of 2009 1. MOHAN LAL MEHTA S/O LATE BALDEO MEHTA VILL.- JAGDISHPUR P.O. BUNIYADGANJ P.S. MUFFASIL, DISTT.- GAYA AT PRESENT RESIDING AT MOHALLA- RAMANA, P.S. KOTWALI, DISTT.- GAYA Versus 1. THE STATE OF BIHAR 2. SUPERINTENDENT OF SURVEY GAYA 3. MUNICIPAL CORPORATION GAYA THROUGH ITS ADMINISTRATOR GAYA MUNICIPAL CORPORATION, GAYA 4. ASSISTANT SUPERINTENDENT OF SURVEY GAYA 5. SMT. MANI DEVI W/O SRI MAHENDRA SINGH R/O MOH.- JAGDISHPUR, MANPUR, WARD NO. 32, P.O.- BUNIYADGANJ, P.S. MUFFASIL, DISTT. GAYA ----------- 2 24.11.2009 Petitioner objects the appellate order dated 17.2.2009 passed in terms of Rule 15(1) of the Bihar and Orissa Municipal Survey Rules by which the authority has directed the correction of entry by which the disputed land allegedly used as public pathway is being shown to be in possession of the private respondent ,thus depriving it of the status of public pathway. Petitioner contends that it is a public pathway and is in illegal occupation of the private respondent. Having considered the matter, in my view, these are the questions which can better be appreciated in a proceeding for removal of encroachment from public pathway or any duly constituted Suit where rights of the parties would be decided and the nature of land user be decided. This Court is inept in this summary jurisdiction to entertain such petition. Liberty is granted to the petitioner to seek his remedy before an appropriate forum for appropriate relief, as he may be advised. 2 This disposes of the writ petition. Needless to say, as this Court has not applied its mind on the merit of the case, the order passed herein shall not prejudice the petitioner in any manner in any proceeding. Singh (Navaniti Prasad Singh, J.)