IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16515 of 2010 RAJU MAHATO s/o Jageshwar Mahato, residing at Ward No.31, Sardar Patel Nagar P.O.+P.S+Dist. Saharsa and presently elected to the post of The Chair man, Nagar Parishad, Saharsa, Dist. Sahrarsa.. ..Petitioner., Versus 1. THE STATE OF BIHAR, through the Chief Secretary, Old Secretariat Govt. of Bihar (Patna), 2. The Collector at Saharsa, Dist. Saharsa, 3. The S.D.O at Saharsa, Dist. Saharsa 4. The B.D.O at Kahra Dist. Saharsa 5. The Executive, Saharsa Dist. Saharsa 6. Lalla Prasad Berma s/o Tapeshwari Bhagat, Ward No.31 Sardar Patel Nagar, P.O+P.S+Dist. Saharsa.. ……..Respondents For the petitioner: Mr. S.S.P.Yadav, Advocate For the State : Mr. Ajay ,SC-XXIV ……………. 6 20.12.2010 After hearing the parties, we find that there is dispute over the land between the petitioner and some other on one hand and respondent No.6 on the other. From the pleadings in the writ petition particularly in Paragraph 4(iii) as well as from the Amin’s report, Annexure- B to the counter affidavit filed on behalf of the State, it is clear that the land over which road is being claimed by the petitioner is Raiyati land. According to petitioner, the Raiyats by agreement gave up part of their private lands for purpose of a road but respondent No.6 has now obstructed that road by creating gate and a wall. 2 In our view, the dispute lacks elements of public interest and is fit to be settled between the parties before an appropriate court. The writ petition is, accordingly, disposed of. Sanjay-II (Shiva Kirti Singh, J) (Dr. Ravi Ranjan, J)