Indradev Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8483 of 2018 ====================================================== Indradev Singh, Son of Late Parmeshwari Singh, Resident of VillageChakhusaini, Police Station-Mansi, District-Khagaria. ... ... Petitioner

Versus

1. The State of Bihar through the Principal Secretary, Home Dept. Bihar,Patna.

2. The D.G. Police Bihar, Patna.

3. The D.I.G. Police Bihar, Patna.

4. The District Magistrate, Khagaria.

5. The Superintendent of Police, Khagaria.

6. The S.D.O., Khagaria.

7. The S.H.O. Mansi Police Station, District-Khagaria.

8. Lal Bahadur Singh, Son of Bhimi Singh

9. Maheshwar Singh, Son of Kare Singh

10. Puran Singh

11. Rajesh Singh Both Sons of Late Prabhu Singh

12. Azad Singh, Son of Late Lami Singh, All Resident of Village-Chakhusaini, Police Station-Mansi, District-Khagaria. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Md. Najmul Hodda, Adv.

For the Respondent/s :

Mr. Manoj Kumar, AC to GP-4 ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL JUDGMENT Date : 27-08-2018 Heard learned counsels for the petitioner and the respondent-State.

The present writ application has been filed for a direction to the respondent authorities to give protection to the petitioner by deploying police force for cultivation of crops over his ancestral land appertaining to Thana No.282, Plot No.51, Khesra No.475, situated at Mauza Chakhusaini, District Khagaria, since private Respondent Nos. 8 to 12 always disturbs the petitioner in cultivating and harvesting the crops from the ancestral

Patna High Court CWJC No.8483 of 2018 dt.27-08-2018 2/3 land of the petitioner. Though, a proceeding has also been initiated under Section 107 of the I.P.C. with regard to this issue, but the petitioner getting threat to his life and property. In view of nature of order this Court intends to pass, this Court is neither inclined to adjourn the matter any further or to issue notice to private Respondent Nos. 8 to 12. Learned counsel for the petitioner submits that representations were also submitted to Respondent No.4, the District Magistrate, Khagaria and Respondent No.5, the Superintendent of Police, Khagaria on 04.01.2018, as contained in Annexure-1 series, but till date no action has been taken. Learned AC to GP-4 relying upon the counter affidavit, filed on behalf on Respondent No.

5, the Superintendent of Police, Khagaria, submits that there is a dispute between the petitioner and private Respondents and a proceeding under Section 144 of Cr. P.C. is pending. It is further submitted that there is no apprehension of threat to the life of the petitioner. However, the counter affidavit does not suggest that any decision has been taken on the representation submitted by the petitioner so far. In the circumstances, it is expected from the respondent authorities, particularly, Respondent No.4, the District Magistrate, Khagaria and Respondent No.

Patna High Court CWJC No.8483 of 2018 dt.27-08-2018 3/3 Khagaria to take a decision on the representation of the petitioner dated 04.01.2018, as contained in Annexure-1 series, within a period of four weeks from the date of receipt/production of a copy of this order.

Accordingly, the writ application is disposed of with the aforementioned observation and direction.

(Dinesh Kumar Singh, J) Ashwini/- AFR/NAFR CAV DATE Uploading Date Transmission Date