IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7712 of 2011 Chandeshwar Giri son of Late Brahmadeo Giri, resident of Village + Post Office-Gurhauwa, Police Station-Kundawa Chainpur, District-East Champaran. …… Petitioner. Versus 1. The State of Bihar through the District Magistrate, District-East Champaran. 2. The Additional District Magistrate at Motihari, District-East Champaran. 3. The Anchala Adhikari, Dhaka, District- East Champaran. 4. The Block Development Officer at Dhaka, District- East Champaran. ….. Respondents. ----------- For the petitioner : Mr. J.K.Giri, Advocate. For the respondents : Mr. Manish Dhari Singh, A.C. to G.P.3. -------- 02/ 24.06.2011 Heard learned counsel for the petitioner and learned counsel for the respondents. 2. This writ petition has been filed by the petitioner for the following reliefs: “That this is the writ petition being filed before this Hon‟ble High Court on behalf of the abovenamed petitioner for issuance a writ in the nature of „Mandamus‟ whereby commanding and directing the Respondents authorities to file the return of the collection of revenues emanating from the Hat and Fair (Mela) of Gurhanwa Bazar held in the khata No.13 Khesra No.126 measuring an area of 22 kathas, 3 dhurs situated in the village-Gurhanwa, Block-Dhaka, District-East-Champaran each and every year in the court of the learned Munsif, Sikrahana District-East Champaran who is in the seisen of the Title Suit No.183 of 1990 (Chandeshwar Giri- Versus The State of Bihar), and furthermore to make an inquiry into the embezzlement of the collection of the revenues by the State concerned authorities who are in nexus to use the outputs coming there from for their personal gains; and furthermore directing and commanding the Respondent authorities to remove the encroachers who have erected or are erecting unauthorised constructions over the aforesaid land in question, and furthermore to settle the Hat & Mela with the petitioner who would collect the revenues and file return in time.” - 2 - 3. It is admitted by the petitioner that Title Suit No.183 of 1990 has been filed by the petitioner in which the State of Bihar is the defendant and it is pending before the Munsif, Sikrahana (East Champaran). In the said circumstances, the petitioner should have moved before the said court for any such relief or any interim relief sought against the defendants, but instead of approaching the said court, the petitioner has filed this writ petition before this court for the aforesaid relief under Article 226 of the Constitution of India. 4. In paragraph 9 of the writ petition, it has been merely pointed out that the petitioner has also made an application before the Munsif, Sikrahana and made prayers inter-alia to take steps for calling for the returns from the State authorities as well as to remove the encroachers who had erected structures over the land in question, but inspite of that the said court is sitting tight over the matter. 5. It is quite strange that the petitioner has neither stated the date of filing of such an application nor he has annexed the same along with the writ petition nor even he has produced the copy of order-sheet of the said suit. To top it all, this writ petition has been filed under Article 226 of the Constitution of India only. 6. In the aforesaid facts and circumstances, this writ petition is absolutely frivolous and misconceived and can be termed as misuse of the process of law and accordingly this writ petition is dismissed. Sunil (S. N. Hussain, J.)