IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.536 of 2008 RANJAN JHA Versus THE STATE OF BIHAR & ORS ----------- For the appellant : M/s Ram Balak Mahto, Senior Advocate Mrs. M. Chatterjee, Advocate. For the respondents : Mr. Ritesh Kumar, J.C. to AAG- I. ------- P R E S E N T Hon'ble the Chief Justice & Hon'ble Mr. Justice Kishore K. Mandal -------- Dated, the 4th August, 2008. After having heard the senior counsel for the appellant, we are satisfied that the appeal is devoid of any substance. 2. The senior counsel for the appellant did not dispute that the property in dispute was purchased by the appellant vide sale deed dated 17th April, 2008. He also admitted that the construction of Health Centre had already started over the subject land in the month of March, 2008 i.e., much before the purchase of the property by the appellant. We wanted to know from the counsel for the appellant if unauthorized construction was going on on the subject land at the time of purchase, what made him to purchase the land. There was no satisfactory reply. 3. Be that as it may, if unauthorized construction was going on, the appellant or his predecessor in title ought to have pursued ordinary remedy under civil law and applied for temporary - 2 - injunction which they never did. The grievance, like this, surely, does not deserve to be entertained in high prerogative writ jurisdiction. 3. Dismissal of the writ petition by the Single Judge cannot be faulted. L.P.A. is dismissed in limine. 4. Upon dismissal of the appeal, application for interim relief (I.A. No. 4478 of 2008) does not survive and it stands rejected. R. M. Lodha, CJ Kishore K. Mandal, J. Anil/