Md. Idrish v. The State Of Bihar Through The Principal Secretary,

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8729 of 2021 ====================================================== Md. Idrish, son of Rahim Baks, resident of Village-Taiyabpur, P.S. Balia Belon and District-Katihar.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Revenue and Land Reforms, Government of Bihar, Patna. 2.

The Home Commissioner, Government of Bihar, Patna. 3.

The District Magistrate, Katihar.

4.

The Superintendent of Police, Katihar.

5.

The Sub-divisional Officer, Barsoi, Katihar.

6.

The Deputy Superintendent of Police, Barsoi, Katihar. 7.

The Circle Officer, Barsoi, District Katihar. 8.

The S.H.O. Barsoi, Katihar.

9.

Md. Mojib Alam, son of Late Mahmood Alam, resident of Village Lahgaria, P.S. Barsoi and District Katihar.

10.

Md. Mohib Alam, son of Late Mahmood Alam, resident of Village Lahgaria, P.S. Barsoi and District Katihar.

11.

Md. Mahboob Alam, son of Late Mahmood Alam, resident of Village Lahgaria, P.S. Barsoi and District Katihar.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner :

Mr. Abdul Mannan Khan, Advocate Mr. A.A.Q.J. Faridi, Advocate For the State :

Md. Khurshid Alam, AAG-12 Ms. Nutan Sahay, AC to AAG-12 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 05-02-2024

1. Heard learned counsels for the parties.

2. This writ application has been filed for the following reliefs:- "(i) For issuance of an appropriate writ, order or direction commanding the respondents to provide protection to the petitioner in respect of their ancestral land inherited

Patna High Court CWJC No.8729 of 2021(3) dt.05-02-2024 2/3 by them from their ancestor.

(ii) For issuance of an appropriate writ, order or direction restraining the respondents from interfering in the peaceful possession and occupation in respect of the land in question.

(iii) For issuance of an appropriate writ, order or direction restraining the respondent Nos. 3 and 8 from giving undue favour to the respondent Nos. 9 to 11 in grabbing the petitioner's land mentioned below in the writ petition.

(iv) For issuance of an appropriate writ, order or direction for grant of any other relief or reliefs which may be deemed fit and proper in the facts and circumstances of the case."

3. After some arguments, learned counsel for the petitioner requests for disposal of the present writ application granting liberty to the petitioner to move before the District Magistrate, Katihar (Respondent No. 3) with respect to his grievance.

4. In view of the prayer made on behalf of the petitioner, this writ application is disposed of with liberty to the petitioner to move before the District Magistrate, Siwan (Respondent No. 3).

5. If the petitioner files his representation before the District Magistrate, Siwan (Respondent No. 3) within a period of six weeks from today, the same shall be entertained and the

Patna High Court CWJC No.8729 of 2021(3) dt.05-02-2024 3/3 order shall be passed expeditiously, in accordance with law, after hearing the parties.

(Prabhat Kumar Singh, J) shashank/- U