Patna High Court LPA No.578 of 2011 (2) dt.28-07-2011 IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.578 of 2011 In Civil Writ Jurisdiction Case No. 17539 of 2010 Om Prakash Sah son of Late Jagdish Sah resident of village + PO Abhiya Bazar PS Gopalpur District Bhagalpur .... .... Appellant/s Versus 1. The State Of Bihar 2. Director General of Police, Old Secretariat, Bihar, Patna-1 3. The Chief Secretary, Government of Bihar, Patna-1 4. The Collector, Bhagalpur 5. The Superintendent of Police, Naugachhia 6. The Sub Divisional Officer, Naugachhia 7. Mr. Dinesh Prasad Singh, then Deputy Superintendent of Police, Naugachhia at present posted at Begusarai 8. The Collector-in-charge, Gopalpur PS Bhagalpur 9. Mr. Kare Lal Mandal son of Late Jagdish Mandal resident of village & PO Abhiya Bazar, PS Gopalpur District Bhagalpur 10. Bablu Mandal son of Late Jagdish Mandal resident of village & PO Abhiya Bazar, PS Gopalpur District Bhagalpur.... .... Respondent/s 2 28-07-2011 Heard the parties and perused the order of the writ court. We are also of the considered view that disputed questions of fact relating to possession or disturbance of possession have to be first ascertained by competent authorities or court and then only, if need arises, the appellant/ writ petitioner may seek damages or recovery of possession in accordance with law. We find no merit in the appeal. It is, accordingly, dismissed with the aforesaid observation. Bimalanshu Kumar Singh/- (Shiva Kirti Singh, J) (Shivaji Pandey, J)