IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4348 of 2010 Ashagar Ali Versus The State Of Bihar & Ors ----------- 03. 11.07.2011 None appears on behalf of the petitioner. Ms. Mohani Kumari, assisting counsel to S.C. 14 appears. The writ petition was filed seeking a direction to the respondents to remove the encroachments made on plot nos. 466, 581 and 610 of khata no 92 and plot nos. 81, 443, 465, 467, 557 and 1953 of khata no. 149 situated at Chargaha, P.S. Turkaulia, district-East Champaran. It is contended by the petitioner that the encroachment had been made by certain anti social elements. A counter affidavit has been filed on behalf of the respondents and in paragraph-4 of the counter affidavit it is stated that the plots in question are raiyati land of the petitioner and that the petitioner has moved seeking eviction of the so- called bad elements from his raiyati land. It is further stated that the Circle Officer of the area has also submitted his report mentioning that the land is in the nature of raiyati land of the petitioner. In paragraph-7 it is stated that there is a bona fide land dispute between the petitioner and certain persons named in paragraph-7. In view of the aforesaid position, it is apparent that 2 the nature of dispute as raised in the present writ petition is private and that the petitioner through the process of this Court seeks eviction of the so-called anti social element from his raiyati land. Taking into consideration the aforesaid position, no relief can be granted to the petitioner by this Court under Article 226 of the Constitution of India and the writ petition is disposed of after affording liberty to the petitioner to raise his grievance before the Civil Court of competent jurisdiction. S.Sb/- (Jyoti Saran, J.)