Bibi Shehara Khatoon @ Bibi Sheri Khatoon @ Shehara Begum v. The State Of Bihar Through Director General Of Police Govt. Of Bihar, Patna And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.444 of 2018 Arising Out of PS. Case No.- Year-1111 Thana- District- ====================================================== Bibi Shehara Khatoon @ Bibi Sheri Khatoon @ Shehara Begum wife of Imteyaz Ahmad @ Mohammad Imteyaz, resident of Village- Ratyanmala, P.S.- Bagaha, District- West Champaran.

... ... Petitioner

Versus

1.

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

District Magistrate, West Champaran at Bettiah. 3.

Superintendent of Police, Bagaha, District- West Champaran. 4.

Deputy Superintendent of Police, Bagaha, District- West Champaran. 5.

Block Development Officer, Bagaha-1, Block, Bagaha, District- West Champaran.

6.

Circle Officer, Bagaha- 1, District- West Champaran. 7.

Officer-in- Charge, Bagaha Police Station, District- West Champaran. 8.

Perwez Alam, S/o Akhtar Alam 9.

Akhtar Alam, S/o Unknown, both residents of Village- Ratanmala, Ward No.- 33, P.S.- Bagaha, District- West Champaran. ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr.Zainul Abedin, Advocate For the Respondent/s :

Mr.Manoj Kumar,AC to GP-4 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 06-12-2022 Heard learned counsel for the petitioner and Mr. Manoj Kumar, learned AC to GP-4 for the State. Petitioner in the present case is seeking the following reliefs:- "(i) For issuance of a writ in the nature of mandamus commanding the official respondents to give police protection to the petitioner.

(ii) For commanding the Respondent no. 8 & 9

Patna High Court CR. WJC No.444 of 2018(2) dt.06-12-2022 2/3 not to interfere encroach the land of the petitioner bearing Khata No. 23, Khesra No.

1402, Area- 4 Katha in Bagaha, in the District of West Champaran.

(iii) For any other relief/ reliefs on the Hon'ble Court deem fit proper in the facts and circumstances of the case."

On going through the averments made in this writ application, this Court finds that the petitioner is having a land dispute with the Respondent nos. 7, 8 and 9. A proceeding under Section 144 Cr.P.C. was initiated earlier in the year 2003 whereafter a title suit bearing no. 28 of 2008 has been filed in the court of Munsif, Bagaha, West Champaran. In the said case, it is stated that vide order dated 18.01.2013, the learned court directed the parties to maintain status quo till the disposal of the suit.

In the given facts and circumstances of the case, this Court finds no reason to entertain this writ application. Learned counsel for the petitioner, at this stage, seeks permission to withdraw this application with liberty to the petitioner to pursue her remedy in an appropriate jurisdiction before the competent court of law.

Mr. Manoj Kumar, learned AC to AG-4 for the State is present and he has no objection to the aforementioned prayer of learned counsel for the petitioner.

Patna High Court CR. WJC No.444 of 2018(2) dt.06-12-2022 3/3 In the given facts and circumstances of the case, this writ application is permitted to be withdrawn with liberty as prayed for.

(Rajeev Ranjan Prasad, J) tusharika/- U