IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12355 of 2001 ONKAR NARAIN SHARMA Versus THE STATE OF BIHAR & ORS ----------- 3. 30.3.2009 Heard counsel for the petitioner and the counsel for the private respondent no. 5 as also counsel for the State. On the own showing of the petitioner it is a pure and simple private dispute between him and respondent no.5 as with regard to plot no. 2909. Therefore, whether the drain (Nali) constructed by the petitioner over the said plot claimed by respondent no.5 i.e. 2909 and the claim of the petitioner to have constructed Nali on plot no. 2910 purchased by him can be only gone into by looking into the documentary and oral evidence in a properly constituted civil suit, before a court of appropriate jurisdiction. That being so, this application is dismissed as with drawn with a liberty to the petitioner to approach the appropriate civil court by filing a civil suit for the relief which has been claimed in this writ application. It goes without saying that in the 2 said civil suit the petitioner will have to implead not only respondent no.5 but also the respondent State officials whose action is being complained by the petitioner. Let it, however, be made clear that this Court has given no opinion on the merits of the claim of either party and therefore, the whole thing will be decided by the civil court on its own merit. (Mihir Kumar Jha,J.) Surendra/