IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16451 of 2001 RAMJI PRASAD GUPTA & ORS Versus THE STATE OF BIHAR & ORS ----------- 7 10/4/2009 Heard counsel for the petitioners and counsel for the respondents. The dispute of this nature which has been raised in this writ application seeking compensation for removal of the petitioners from the land of the municipality can effectively be gone into before the Civil Court. The status of the petitioners cannot be more than a tenant and if the landlord has illegally evicted them irrespective of the fact that such landlord is municipality, relationship will not change mode of remedy, the same will have to be governed as per provisions of the B.B.C. Act. That being so, the petitioner’s recourse to this writ application merely because on earlier occasion certain writ applications were entertained will not be a ground to also maintain this writ application. In any event, this time the issue is not about cancellation of allotment which was earlier gone into by 2 this Court. This time the petitioners have already been removed and they have only claimed compensation. Such compensation can definitely be looked into and decided by the Civil Court if the petitioners choose to file a suit. With the above observation, this application is dismissed. Dismissal of this writ application will not, however, come in the way of the petitioners in case they approach the Civil Court. (Mihir Kumar Jha, J.) Abhay Kumar