IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4787 of 2010 Biran Gope Versus The State Of Bihar & Ors ----------- 02. 07.07.2011 Heard Mr. Shirendra Nath Kumar Sinha for the petitioner and Mr. Digvijay Narain Singh, assisting counsel to SC 9 for the State. The writ petition has been filed praying for removal of encroachment made by respondent no. 6 on the property of the petitioner situated at mauza Raghubar Nagar (Bagha), tauzi no. 2534, thana no. 356, khata no. 39, plot no. 424 having an area of 6 feet in the District of Begusarai. Learned counsel for the petitioner submits that whereas 3 feet of land each had been left vacant both by the petitioner as well as respondent no. 6 in terms of the requirement under the Municipal Laws for being used as a passage but subsequently the respondent no. 6 started to construct a wall over his piece of land and thus trying to reduce the passage. This, according to the petitioner, is an encroachment on the passage being left by the ingress and egress of the habitants. The petitioner raises a dispute which is not relatable to any public land. The land is owned by the petitioner and respondent no. 6 and the requirement of passage according to the petitioner is under the Municipal 2 laws. In the aforesaid situation, this Court in exercise of jurisdiction under Article 226 of the Constitution exercises its discretion. The writ petition is disposed of with the liberty to the petitioner to raise his grievance before an appropriate forum by filing an appropriate application. Needless to add that any such application, if filed, would be considered and disposed of by the appropriate authority in accordance with law. S.Sb/- (Jyoti Saran, J.)