IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6078 of 2010 Kunal Tiwary s/o late Binod Shankar Tiwary, r/o Mohalla – Shivpuri, P.S.Shrikrishnapuri, District - Patna Versus 1. The Union Of India through its Secretary, Ministry of Defence, Govt. of India, New Delhi 2. General Officer, Commanding in Chief, Central Command, Lucknow 3. Station Commander, Danapur, Cantt, Patna 4. Commandant Bihar Regimental Centre, Danapur Cantt., Bihar, Patna 5. The State of Bihar, through the Secretary, Urban Development Department, Govt. of Bihar, Patna 6. The Secretary, Urban Development Department, Govt. of Bihar, Patna ----------- For the petitioner: Mr. Naresh Dikshit, Advocate For the Union of India: Mr. Kalpan, CGC For the State : Mr. P.K.Singh, SC XXI --- 2 8/4/2010 The petitioner describing himself as pro bono publico has prayed for issue of a writ of mandamus commanding the respondent authorities, particularly, Station Commander, Danapaur Cantonment, Patna, not to block the passage land of the Defence Colony Shahpur, Danapur, which is situate in the Defence Colony. Be it noted, the Defence Colony, Shahpur is a private colony. It is submitted by Mr. Dikshit, learned counsel for the petitioner that the land does not belong to 2 the cantonment. It is absolutely inconceivable that a statutory authority would cause blockage by digging the public road. Upon perusal of the averments made in the petition and the relief sought, we are disposed to think that the petitioner has actually made an endeavour to establish the right of use of the inhabitants of the Defence Colony, Shahpur on the road in question. In the writ petition of this nature, it is difficult to say who has the right, title and interest and whether the inhabitants of the Defence Colony have the right of user on the road in question. Needless to say, such a right, title and interest can only be established by initiating a civil action as contemplated in law. In view of aforesaid, we decline to interfere in the public interest litigation but our non-interference would not create any kind of remora on the petitioner or the inhabitants of the defence colony to approach the appropriate Civil Court and the Civil Court shall proceed in accordance with law without being influenced by any of the observations made herein or should not 3 keep in mind that there has been non-interference in the public interest litigation. With the aforesaid observations, the writ petition stands disposed of. Neyaz/ (Dipak Misra, CJ.) (Mihir Kumar Jha, J.)