Date : 01-08-2025 Heard the parties.

2. In the instant petition, petitioner has prayed for the following relief(s):-

3. Learned counsel for the petitioner submits that the land situated in Mauza - Bhelwariya, Block Nawanagar, District Buxar bearing khata no. 41, plot no. 429 on which the alleged PCC road, which is 4 feet wide and 20 feet in length, was constructed is not the land of the respondent no. 6. He further submits that respondent no. 6 has approached the Hon'ble High Court vide C.W.J.C. No. 1094 of 2015 stating therein that public road has been constructed over his raiyat land situated in Mauza - Bhelwariya, Block Nawanagar District - Buxar bearing Khata No. 49, C.S. Plot No. 428, 429. It was stated in construction of the said road neither consent was taken nor compensation was paid under the Land Acquisition Act . Learned counsel submits that the said Patna High Court CWJC No.16070 of 2021 dt.01-08-2025 3/6 C.W.J.C. No. 1094 of 2015 has been disposed of with direction to the District Magistrate, Buxar, after getting an enquiry, either to arrive at a settlement with the petitioner or to take recourse to the provision of Land Acquisition Act or to restore the land to its original position.

4. Learned counsel for the State submits through paragraph 12 of the counter affidavit that Anchal Amin submitted a report that said road has been constructed on 33'X2.6' (82.5 Square Feet) of the Plot No. 429 which is the raiyati land of the respondent-Sunil Kumar Mishra, as contained in Annexure C of the counter affidavit. He further submits that the land in question is a public path. He further submits that counter affidavit clearly denotes that there is dispute of right and title over the land in question. Hence, the present writ is not maintainable.

5. In the light of submission made on behalf of both parties, it is clear that there is dispute between the parties over the land in question.

6. The Hon'ble Supreme Court in catena of judgments has held that regular suit is appropriate remedy for settlement of dispute relating to property rights between private persons. The remedy under Article 226 of the Constitution shall not be available except where there is violation of some statutory duty on the part of statutory authority is alleged. It is held that the Patna High Court CWJC No.16070 of 2021 dt.01-08-2025 4/6 High Court cannot allow its constitutional jurisdiction to be used for deciding disputes, for which remedies under the general law, civil or criminal are available. The jurisdiction under Article 226 of the Constitution being special and extra-ordinary should not be exercised casually or lightly on mere asking by the litigant. In this context, the decision of the Hon'ble Supreme Court in the case of Sohan Lal Vs. Union of India & Anr. reported in AIR 1957 SC 529 and in the case of Radhey Shyam & Anr. Vs. Chhabi Nath and Ors , reported in (2015) SCC 423 are quite relevant.

7. In the case of Sohan Lal (supra), Hon'ble Supreme Court has observed as under :

8. In the case of Radhey Shyam (supra), Hon'ble Supreme Court in paragraphs 64 and 65 has observed as under :

9. In the light of the discussion made above, the disputed aspect with respect to the title over the land cannot be decided in writ jurisdiction and the appropriate remedy, in the facts and circumstances of the case, is before the Civil Court.

10. Accordingly, the present writ petition is disposed of with liberty to the petitioner to approach before the Patna High Court CWJC No.16070 of 2021 dt.01-08-2025 6/6 appropriate authority/forum.

11. So far as the grievance of the petitioner as raised before the District Magistrate, Buxar by way of representation (Annexue-5) which has not been decided as yet, petitioner is granted liberty to represent his grievance, as has been raised in the present writ petition, afresh before the District Magistrate, Buxar within a period of four weeks from the date of receipt of this order. If such representation is filed within the stipulated period, the competent authority will pass appropriate order after giving due opportunities of hearing to the parties concerned, without being prejudiced by the order passed by this Court, expeditiously within a reasonable period of time.

(Alok Kumar Pandey, J) alok/-