Vikas Kumar v. The State Of Bihar Through Its Secretary, Land Revenue Department, Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.1740 of 2023 ====================================================== Sheela Devi, W/O Sri Uma Shankar Prasad, R/O Indira Nagar, Road No. 03, Postal Park, P.S- Jakkanpur, P.O- G.P.O, Distt.- Patna- 800001. ... ... Petitioner/s
Versus
1.
The State Of Bihar through its Secretary, Land Revenue Department, Bihar. 2.
District Magistrate Cum Collector, Patna, Bihar . 3.
Director General Of Police, Patna, Bihar 4.
Superintendent Of Police, Patna, Bihar.
5.
Officer-In-Charge, P.S- Kotwali, Patna, Bihar 6.
Md. Musheer Ahmad Director, Kabir Colonizer and Developers Pvt. Ltd., S/O Haji S. Iftekhar Ahmad, Office Address- Flat No. D207/D307, Dumraon Palace, Frazer Road, Patna- 800001, Regional Office Address- Flat No. 102, Chaman Apartment Bari Path, Bhikhna Pahari, P.S- Pirbahor, P.OMahendru, Patna- 800006, Originally Residence Of Village- Athkhamba, P.S And P.O- Barharia, Siwan, Bihar- 841231.
7.
Sudama Singh, Director- Kabir Colonizer And Developers Pvt. Ltd., Prashray Garden, Block-A, Flat No.-104, Adarsh Vihar Colony Kids Garden School, Rukunpura, Patna-800014.
8.
Waquor Ahmad, Director, Kabir Colonizer And Developers Pvt. Ltd., S/O Haji S. Iftekhar Ahmad, R/O Village- Athkhamba, P.S And P.O- Barharia, Distt.- Siwan, Bihar-841231.
9.
Seraj Ahmad, Director, Kabir Colonizer And Developer Pvt. Ltd., Flat No. 301, 3rd Floor, Khursheed Apartment, Near Noor Maszid, Mahendru, Patna800006. 10.
Md. Anwar, Director, Kabir Colonizer And Developer Pvt. Ltd., C/O Amir Alam, Advocate, Marwari Lane, Opposite P.M.C.H., Dental College, Muradpur, Patna-800004.
11.
Shabina Perveen ,Director, Kabir Colonizer And Developers Pvt. Ltd. W/O Musheer Ahmad Flat No. 102, Chaman Apartment, Baripath Bhikhna Pahari, P.S- Pirbahore, P.O- Mahendru, Distt.- Patna- 800006, originally Residence of village Akthkhamba, P.S And P.O- Barharia, Distt.- Siwan, Bihar- 841231.
12.
Director, Real Estate Regulatory Authority, Patna, Bihar ... ... Respondent/s ====================================================== with Criminal Writ Jurisdiction Case No. 514 of 2024 In Civil Writ Jurisdiction Case No.13131 of 2023 ======================================================
2/4 Vikas Kumar, Son of Sri Uma Shankar Prasad, Residence of Indira Nagar, Road No. 03, Postal Park, P.S.- Jakkanpur, P.O.- G.P.O., District- Patna800001 ... ... Petitioner/s
Versus
1.
The State of Bihar through its Secretary, Land Revenue Department, Bihar Patna 2.
District Magistrate cum Collector, Patna Bihar 3.
Director General of Police, Patna Bihar 4.
Superintendent of Police, Patna Bihar 5.
Officer-in-Charge, P.S.- Kotwali, Patna Bihar 6.
Md. Musheer Ahmad, Director, Son of Haji S. Iftekhar Ahmad, Office address- Flat No. D207/D307, Dumraon Palace,Frazer Road, Patna-800001, regional Office address- Flat No. 102, Chaman Apartment Bari Path, Bhikhna Pahari, P.S.- Pirbahor, P.O.- Mahendru, Patna-800006, originally residence of Village- Athkhamba, P.S. and P.O.- Barharia, Siwan, Bihar841231 7.
Sudama Singh, Director, Kabir Colonizer and Developers Pvt. Ltd.,Son of Not Known Prashray Garden, Block-A, Flat No.-104, Adarsh Vihar Colony, Kids Garden School, Rukunpura, Patna-800014 8.
Waquor Ahmad, Director, Kabir Colonizer and Developers Pvt. Ltd., Son of Haji S. Iftekhar Ahmad Residence of Village- Athkhamba, P.S. and P.O.- Barharia, District- Siwan, Bihar-841231 9.
Seraj Ahmad, Director, Kabir Colonizer and Developer Pvt. Ltd., Son of Not given Flat No. 301, 3rd Floor, Khursheed Apartment, near Noor Maszid, Mahendru, Patna-800006 10.
Md. Anwar, Director, Kabir Colonizer and Developer Pvt. Ltd., Son of Not Known, C/o Amir Alam, Advocate, Marwari Lane, Opposite P.M.C.H. Dental College, Muradpur, Patna-800004 11.
Shabina Perween, Director, Wife of Musheer Ahmad, Flat No. 102, Chaman Apartment, Baripath, Bhikhna Pahari, P.S.- Pirbahore, P.O.- Mahendru, Dist.- Patna-800006, originally residence of Village- Athkhamba, P.S. and P.O.- Barharia, Dist.- Siwan, Bihar-841231 12.
Director Real Estate Regulatory Authority Bihar ... ... Respondent/s ====================================================== Appearance :
(In Criminal Writ Jurisdiction Case No. 1740 of 2023) For the Petitioner/s :
Mr. Arbind Kumar, Advocate.
For the Respondent (RERA) :
Mr. Jainandra Kumar, Advocate.
For the State ;
Mr. Majid Mahboob Khan, Advocate.
(In Criminal Writ Jurisdiction Case No. 514 of 2024) For the Petitioner/s :
Mr.Arbind Kumar, Advocate.
For the Respondent (RERA) :
Mr. Abvhinay Priyadarshi, Advocate.
For the State :
Mr. Sajid Salim Khan, SC-25 ======================================================
3/4 CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 16-06-2026 Both the writ petitions have been filed by the petitioners against the same respondents i.e. State instrumentality and some private individuals praying for "a direction to trace out the whereabouts of the respondent Nos. 6 to 11 and catch hold of them and make them appear in High Court and put them behind the bars as they are cheats, fraudsters and land Mafias engaged in giving lands of the innocent people and disposing of the same charging large sums of money."
2. Heard learned counsel for the petitioner and learned counsel for the State.
3. From the pleading of the writ petitions, it transpires that there is no mention of any specific FIR and the allegations are vague and omnibus against the private respondents. For want of such specific pleading, the present writ petitions are totally frivolous and liable to be dismissed with a heavy cost. However, seeing the economic condition of the petitioners, the Court is restraining itself from imposing any cost. However, it is dismissed as not maintainable.
4. During course of hearing, it also transpires that FIR has been lodged against the private respondents. Hence, the
4/4 petitioners have liberty to take appropriate steps before the appropriate Forum as per law for redressing their grievance, if any, regarding any proper investigation.
5. Accordingly, the present petition stands dismissed with aforesaid observation.
(Jitendra Kumar, J) S.Ali/- U T