IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.201 of 2008 MANOJ KUMAR Versus THE STATE OF BIHAR & ORS ----------- For the Appellants : Mr. S.S. Dwivedi, Senior Advocate Dr. Bidhu Ranjan, Advocate ---------------- P R E S E N T Hon'ble the Chief Justice & Hon'ble Mr. Justice Kishore K. Mandal --------- Dated, the 16th September, 2008. The appellant is an unsuccessful petitioner and hereinafter being referred as petitioner. 2. In paragraph 10 of the writ petition, the petitioner averred thus: - “10. That in the night of 11.03.2003 the private respondent no.5 along with his gangster demolished the boundary wall and took away the materials kept there under such as 20 number of spade, 20 numbers of Karahi along with Rs.5,000/- kept in a box as well as 100 bags of the cement. The petitioner on 12.03.2003 submitted written report to the Agam Kuan police station where Agam Kuan P.S. Case No.64/2003 has been instituted.” 3. Then in paragraph 12 of the writ petition, the petitioner averred thus: - “12. That it is relevant to state here that the petitioner was dispossessed of on 11.03.2003 by the private Respondent No.5 but till date possession has not been restored to the petitioner inspite of several representations to the several authorities. The petitioner filed a written application to the District Magistrate, Patna on 22.08.2003, Sub Divisional Police Officer, - 2 - Patna City and other officials.” 5. It would be, thus, seen that there is serious dispute about possession of the disputed plot between the petitioner and the respondent no.5. Such dispute has to be got adjudicated by ordinary Civil Court and cannot be subject matter of adjudication in writ jurisdiction. 6. L.P.A. is, accordingly, dismissed in limine. R. M. Lodha, CJ Kishore K. Mandal, J Pawan/-