Manawar Hussain Ansari, v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5814 of 2020 ====================================================== Manawar Hussain Ansari, Son of Late Jakki Mohammad Ansari, Resident of Village - Nayagaon, P.S.- Siswan, District- Siwan. ... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretory, Department of Home, Government of Bihar, Old Secretariat, Patna.

2.

The Director General of Police, Sardar Patel Bhawan, Baily Road, Patna. 3.

The Collector cum District Magistrate, Siwan. 4.

The Superintendent of Police, Siwan.

5.

The Sub Divisional Officer, Sadar Siwan.

6.

The Deputy Superintendent of Police, Sadar Siwan. 7.

The Circle Officer, Siswan, District- Siwan.

8.

The Officer-in-Charge, Siswan Police Station, District- Siwan. 9.

Gulam Hussain, S/O Kayam Ali, Resident of Village- Bhikhpur, P.S.- Siswan, District- Siwan.

10.

Manjur Alam, S/O Gulam Hussain, (Power of Attorney Holder), Resident of Village- Bhikhpur, P.s.- Siswan, District- Siwan. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Uday Pratap Singh, Advocate For the Respondent/s :

Mr. Sanjay Kumar 'Ghosarvey' AC to AAG-3 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 30-11-2021 Heard Mr. Uday Pratap Singh, learned counsel for the petitioner and Mr. Sanjay Kumar 'Ghosarvey', learned AC to AAG-3 for the State.

2. The petitioner is aggrieved by the disturbance created by the Respondent Nos. 9 and 10 inasmuch as the petitioner has purchased a piece of land in the name of his wife having Khata No. 49, Plot No. 4070 falling within village

Patna High Court CWJC No.5814 of 2020(2) dt.30-11-2021 2/3 Bhikhpur of Siswan Police Station in the District of Siwan having an area of 1 kattha, upon which, the petitioner wants to construct his house but the same is being obstructed by the Respondent Nos. 9 and 10.

3. Learned counsel for the petitioner submits that the Respondent-State Authority may be directed to provide adequate security to the petitioner to enable him to construct his residential house upon the subject land. The petitioner has filed a representation before the Police. Learned counsel further submits that dispute had arisen between the petitioner and the Respondent Nos. 9 and 10 with regard to title of the subject land and the same has been decided in favour of the petitioner, but with the help of muscle power and their henchmen, the Respondent Nos. 9 and 10 are preventing the petitioner from constructing residential house upon the subject land.

4. Having heard learned counsel for the parties, the petitioner is permitted to file a fresh representation before the Superintendent of Police, Siwan, giving all the details within a period of 15 days and if such a representation is filed by the petitioner, the Superintendent of Police is directed to look into the matter and take remedial steps in accordance with law in

Patna High Court CWJC No.5814 of 2020(2) dt.30-11-2021 3/3 order to protect the legal right of the petitioner.

5. With aforesaid observation and direction, this writ application stands disposed of.

(Anil Kumar Sinha, J) S.Ali/- U