Ruman Devi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 12125 of 2014 =========================================================== Ruman Devi, Wife of Shree Dileep Kumar, resident of Village- Chakia, P.SPanapur, District- Saran. .... .... Petitioner/s

Versus

1. The State of Bihar, through the Secretary, Department of Home, Government of Bihar, Patna.

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

3. The District Magistrate, Saran at Chapra.

4. The Superintendent of Police, Saran at Chapra.

5. The Deputy Superintendent of Police, P.S- Panapur, District- Saran at Chapra.

6. The Block Development Officer, Block & P.S.- Panapur, District- Saran at Chapra.

7. The Officer In- charge, Panapur Police Station, District- Saran at Chapra. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s :

Mr. Raghwanand, Advocate For the State :

Mr. Ajay Behari Sinha, G.A. 8 Mr. Upendra Kumar Singh, A.C. to G.A. 8 =========================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date: 13-02-2017 Heard learned counsel for the parties.

The petitioner had moved the Court alleging that the structure on his private property has been demolished by the State authorities.

A counter affidavit has been filed on behalf of respondent no. 4, in which a categorical stand has been taken that whatever demolition which may have taken place, is by a private person and not by the State authorities and in fact, an F.I.R. has also been lodged in this connection by the petitioner himself which is

Patna High Court CWJC No.12125 of 2014 dt.13-02-2017 2/2 under investigation.

In view of the categorical statement made on oath, that the demolition has not been made by the State authorities, the Court in the present proceeding cannot pass any positive order. In view thereof, the writ petition stands disposed off. The petitioner is at liberty to institute appropriate proceeding before the Competent Court for seeking damages/compensation from the person concerned. (Ahsanuddin Amanullah, J.) P. Kumar AFR/NAFR U