Sri Daso Mahto v. The State Of Bihar Through Addl. Chief Secretary. Dept. Of Home Govt. Of Bihar, Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

(FROM RESIDENTIAL OFFICE VIA VIDEO APPLICATION) Criminal Writ Jurisdiction Case No.275 of 2020 Arising Out of PS. Case No.- Year-0 Thana- District- Patna ====================================================== Daso Mahto @ Dasu Mahto, Son of Late Faujdari Mahto, Resident of Mohalla-Jaipur Dhanki, Police Station-Agam Kuan, Kumahrar, DistrictPatna. ... ... Petitioner/s

Versus

1.

The State of Bihar through Addl. Chief Secretary. Dept. of Home Govt. of Bihar, Patna Bihar 2.

The Commissioner, Patna. Patna.

3.

The District Magistrate, Patna. Patna.

4.

The Education Commissioner, Patna. Patna.

5.

The Secretary Bihar School Examination Board, Patna. Patna. 6.

The Director Forest Department, Patna. Patna. 7.

The Executive Engineer Building Division, Gulzarbagh, Patna. Patna. 8.

The Senior Superintendent of Police, Patna. Patna. 9.

The Deputy Superintendent of Police, Patna City. Patna City. 10.

The Sub-Divisional Magistrate, Patna City. Patna City. 11.

The S.H.O. (Officer Incharge) Agamkuan Police Station. Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Daya Shankar Prasad Sinha For the Respondent/s :

Mr.Prabhat Kumar Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 23-12-2020 Matter has been mentioned today for early hearing. Mr. Daya Shankar Prasad Sinha, learned counsel for the petitioner mentioned the matter and accordingly considering his request link was sent to him.

Matter has been heard today and after hearing learned counsel for the petitioner, to this Court it appears that this

Patna High Court CR. WJC No.275 of 2020(2) dt.23-12-2020 2/2 criminal writ application has been filed by way of a misplaced remedy. The petitioner himself claims that a title suit is pending in the court of learned Sub-Judge-II, Patna City vide Title Suit No.67 of 1995. It is his contention that there is an interim order of injunction in the said suit but the same is being violated. In the nature of the grievance of the petitioner, the criminal writ application cannot be entertained. It is accordingly dismissed with liberty to the petitioner to pursue his remedy in accordance with law before an appropriate forum. (Rajeev Ranjan Prasad, J) arvind/- U T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.