Lalita Devi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.2499 of 2017 Arising Out of PS. Case No.-434 Year-2015 Thana- BODHGAYA District- Gaya ====================================================== Lalita Devi Wife of Musafir Yadav, Resident of Village Baiju Bigha, Police Station Bodh Gaya, District Gaya.

... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The Director General of Police, Bihar, Patna. 3.

The Divisional Commissioner, Magadh Division Gaya. 4.

The Inspector General of Police, Magadh Range, Gaya. 5.

Senior Superintendent of Police, Gaya.

6.

The Sub Divisional Officer, Sadar Gaya District Gaya. 7.

The Officer-in-Charge, Gaya Police Station, District- Gaya. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ram Nibaash Prasad, ADvocate For the Respondent/s :

Mr.Sheo Shankar Prasad, SC-8 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 30-11-2022 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner, in the present case, is seeking a direction commanding the respondents to provide protection to the life of the petitioner and her family members, in fact the petitioner is looking for assistance by administration through use of force to take possession of the property which she claims to be her ancestral property.

It appears that the parties are already fighting a title partition suit bearing No. 92/2012 which is still pending in the

Patna High Court CR. WJC No.2499 of 2017(2) dt.30-11-2022 2/2 court of learned Sub-Judge, Gaya.

Under these circumstances, this Court would not enter into the dispute between the parties and prima-facie the whole relief clusters around the adjudication of the rights of the petitioner, therefore, no relief may be granted at this stage. This Writ Application is dismissed. Dismissal of the writ application would, however, not come in the way of the petitioner in seeking appropriate remedy before appropriate forum in accordance with law.

(Rajeev Ranjan Prasad, J) Rajeev/- U