Deepak Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8365 of 2017 ====================================================== Deepak Kumar Son of Late Mahavir Prasad, Resident of Mohalla- Purani Chowk, P.S. and District- Gopalganj.

... ... Petitioner/s

Versus

1.

The State Of Bihar, through the Principal Secretary, Revenue and Land Reforms Department, Govt. of Bihar, Old Secretariat, Patna. 2.

The Collector-cum-District Magistrate, Gopalganj. 3.

The Deputy Collector, Land Reforms D.C.L.R. Gopalganj. 4.

The Superintendent of Police, Gopalganj.

5.

The Deputy Superintendent of Police, Gopalganj. 6.

The Sub-Divisional Magistrate, Gopalganj.

7.

The Circle Officer, Gopalganj.

8.

The Officer-in-charge, P.S. Gopalganj, District- Gopalganj. 9.

Radhika Devi, Wife of Gngdayal Prasd @ Gangdayal Yadav, Resident of Mohalla- Banjari Road Gopalganj, P.S. and District- Gopalganj. 10.

Sita Devi, Wife of Kanhaiya Tiwari, R/o Marawa Karan, Bishunlpura, P.S.- Kuchaikot, District- Gopalganj.

11.

Bidya Nand Sah, Son of Bishwanath Sah, R/o Karari Thakurai, P.S.- Uchkagaon, District- Gopalganj.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dhirendra Kumar Gupta, Advocate For the Respondent/s :

Mr. Raj Kishore Roy- GP-18 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 06-05-2024 Heard the parties.

2. The present writ petition has been preferred for the grant of following relief/s:- "That this is an application for issuance of a Writ of Mandamus or any other appropriate Writ or Direction or Order, directing the Respondents to forebear

Patna High Court CWJC No.8365 of 2017(2) dt.06-05-2024 2/3 from giving any effect to the illegal act, land aggressive attempt to grab land capture forcibly the landed property of the petitioner, which is in exclusive peaceful possession of the petitioner by virtue of a legal Sale Deed dated 6.11.1951, rent receipts is being issued up-to-date in his favour, but by virtue of forged, fabricated and fraudulent Document created and prepared by private Respondent No. 9, 10, and 11 by their joint conspiracy.

The Respondent Radhika Devi and her husband Gang Deyal Yadav are adamant to capture and grab forcibly the said land by hook or by crook through hardened criminals land Inter-District unsocial elements and when the petitioner had been running from pillar to post from local Police Station to the Superintendent of Police, his applications are not entertained and they are giving negative answer i.e. by not taking any action, required by Rule of Law by of many settled provisions of land. Therefore, the petitioner being aggrieved having no any alternative action or remedy has moved this Hon'ble Court by invoking inherent power for the ends of Justice."

3. The petitioner wants protection from respondent Nos. 9 to 11 for which, he should take recourse to approach the

Patna High Court CWJC No.8365 of 2017(2) dt.06-05-2024 3/3 concerned Police Station and/or the Sub-Divisional Magistrate.

4. Granting said liberty, the writ petition stands disposed of.

(Rajiv Roy, J) Adnan/- U