Shahid Shoaib Hashmi v. The State Of Bihar Through The Director General Of Police, Govt. Of Bihar, Patna And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.1546 of 2017 Arising Out of PS. Case No.- Year-1111 Thana- District- ====================================================== Shahid Shoaib Hashmi son of Syed Md. Shoaib resident of village - Agarwa, Motihari, P.O. and P.S. Motihari, District - East Champaran presently residing at Chitkohra, P.S. Gardanibagh, District - Patna. ... ... Petitioner/s

Versus

1.

The State Of Bihar Through The Director General Of Police, Govt. Of Bihar, Patna 2.

The Inspector General of Police, Patna Range, Patna. 3.

The Deputy Inspector General of Police, Patna. 4.

The District Magistrate, Patna.

5.

The S.S.P., Patna.

6.

The Dy. S.P., Sachiwalya, Patna.

7.

The Circle Officer, Patna Sadar, Patna.

8.

The S.H.O. cum Inspector of Police, Gardanibagh, Patna. 9.

S.M. Matinuddin Ashraff son of Late S.M. Moinuddin Ashraff resident of Chitkohara, P.S. Gardanibagh, P.O. Anisabad in the town and district of Patna.

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

For the Petitioner/s :

Mr.Sanjay Kumar @ Manu, Advocate For the Respondent/s :

Mr.Iqbal Asif Niyazi, AC to GP-5 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 22-11-2022 Despite waiting for some time no one has appeared on behalf of the petitioner. Mr. Iqbal Asif Niyazi, learned AC to GP-5 is present for the State.

Petitioner in this case is seeking a direction to the respondent authorities to provide police help for constructing the boundary wall on the land of the petitioner bearing Tauzi No.5120, Thana No.17, Khata No.99, part of Cadastral Survey Plot Nos. 145 and 146, Ward No.37 old and new Ward No.9/12,

Patna High Court CR. WJC No.1546 of 2017(2) dt.22-11-2022 2/2 Circle No.246/264 situated at Mauza Chitkohra, P.S. Gardanibagh, District-Patna, measuring an area of 1268 sq. ft. It is stated that after execution of the sale deed of the said land in favour of the petitioner, he is continuously coming in possession over the land and is paying the rent. The grievance of the petitioner is that when the petitioner started construction over his land, some anti-social elements obstructed to the same and the work was stopped. He has submitted a complaint in this regard to the respondent nos. 7 and 8 but they have not taken any action against the anti-social elements due to influence of one person and his associates who are of bad elements. Learned counsel for the State submits that this case essentially talks of a civil dispute and it was filed in the year 2017 but it appears that over the period the petitioner has lost interest in this case.

This Court finds force in the submission of learned counsel for the State.

This application is dismissed for non-prosecution. (Rajeev Ranjan Prasad, J) ishika/- U 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'.