Shashikant Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3526 of 2017 ====================================================== Shashikant Singh, S/o Sri Shivjee Singh, Resident of Narayanpuri, Sabri Nagar, P.S. Rupaspur, District - Patna ... ... Petitioner/s

Versus

1. The State of Bihar

2. The Principal Secretary, Co - Operative Department, Government of Bihar

3. The Registrar, Co - Operative Department, Government of Bihar

4. The District Co - Operative Officer, Patna

5. The Director General of Police, Bihar, Patna

6. The Senior Superintendent of Police, Patna

7. The SHO, Police Station, Rupaspur, Patna, Bihar ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Gyan Shankar, Adv.

For the Respondent/s :

Mr. U. S. S. Singh, GP19 Mr. Uday Bhan Singh, AC to GP-19 ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 18-09-2018 Heard Mr. Gyan Shankar, learned counsel for the petitioner and Mr. Uday Bhan Singh, learned AC to GP-19 for the respondent-State.

The present writ application has been filed for a direction to the respondent authorities to provide security to the life and property of the petitioner.

The grievance of the petitioner is that the petitioner purchased a piece of land, appertaining to Plot No.262, Survey Plot No.207, Khata No.23, Thana No.52, Touzi No.7079, Mauza Bodapura, Danapur, District Patna, and is also paying rent and Municipal Tax regularly, but some miscreants demolished the

Patna High Court CWJC No.3526 of 2017(2) dt.18-09-2018 2/3 boundary wall of the petitioner and did not allow him to make any type of construction over the land in question. It appears from the representation submitted by the petitioner before the D.I.G., Patna, as contained in Annexure-3, that one Meena Kumari is also claiming the part of the land in question, leading to initiation of a proceeding under Section 144, Cr.P.C. Hence, learned counsel for the respondent-State submits that the issue with regard to title over the land cannot be resolved in the present proceeding.

However, learned counsel for the petitioner submits that Meena Kumari claims to have purchased a different land and she has no connection with the land of the petitioner in question.

In view of this Court, to pray for providing security is one thing and to pray for getting the issue with regard to title over the land, resolved is another thing. So far as question of title over the land in question is concerned that cannot be resolved in the present proceeding, which requires leading of evidence and that can only be resolved by a competent Civil Court. So far as question of providing security is concerned, every citizen has a right to get his life and property protected and local administration has to look into the representation, if

Patna High Court CWJC No.3526 of 2017(2) dt.18-09-2018 3/3 any filed by the petitioner.

In the circumstance, it is expected from the petitioner to file a representation before the District Magistrate and Sr. S.P., Patna within a period of three weeks from the date of receipt/production of a copy of this order, whereupon it is expected from the District Magistrate and Sr. S.P., Patna to look into the matter and take needful action on the representation of the petitioner within a period of four weeks of its submission, in accordance with the law.

With the above observations and directions, the present writ application is disposed of.

(Dinesh Kumar Singh, J) Amrendra/- U