Balram Kumar Singh v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.9461 of 2016 ====================================================== Balram Kumar Singh S/o Late Ram Sakal Singh Resident of VillageYogibagha, P.O.P.S.- Shambhu Ganj, District- Banka. ... ... Petitioner/s
Versus
1.
The State Of Bihar 2.
The Home Secretary, Bihar, Patna.
3.
The Commissioner, Bhagalpur Division, Bhagalpur. 4.
The Regional I.G. of Police Range Bhagalpur.
5.
The D.I.G. of Police, Bhagalpur.
6.
The District Magistrate, Banka, District- Banka. 7.
The L.R.D.C. Banka, District- Banka.
8.
The Senior Superintendent of Police, Banka, District- Banka. 9.
The Sub Divisional Magistrate, Banka, District- Banka. null null 10.
The Circle Officer, Shambhu Ganj, District- Banka. null null 11.
Officer In-charge, Shambhu Ganj, Police Station- Shambhu Ganj, DistrictBanka. 12.
Prakash Yadav Son of Late Baldeo Prasad Yadav Resident of VillageYogibagha, P.O.P.S.- Shambhu Ganj, District- Banka. 13.
Parsuram Singh Son of Late Raj Kumar Singh Resident of VillageYogibagha, P.O.P.S.- Shambhu Ganj, District- Banka. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dhirendra Kumar, Advocate For the Respondent/s :
Mr. Navnit Kumar AC to G.P. 18 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 06-03-2024 Heard Mr. Dhirendra Kumar, learned counsel for the petitioner and Mr. Navnit Kumar, AC to G.P. 18.
2. Though, the petitioner moved before this Court with multiple prayer, he has now confined himself to only the prayer no. II which read as follows:
II. for a direction upon the respondents to
Patna High Court CWJC No.9461 of 2016(3) dt.06-03-2024 2/3 protect his family member's life from respondent nos. 12 and 13 who regularly threatened and may cause harm and creating dispute on the petitioner's land.
3. The case of the petitioner is that the land belongs to him and he has succeeded both before the DCLR, Banka as also the Commissioner, Bhagalpur Division in Appeal Case No. 169 of 2013-14. However, the respondents no. 12 and 13 aforesaid always create trouble and in danger his life as also the life of his family members.
4. A counter affidavit on behalf of the respondent no. 8, Senior Superintendent of Police, Banka is on record, according to which the concerned respondent in the light of the present petition directed the Station House Officer, Sambhuganj police Station to take necessary action. Accordingly, a report was submitted whereafter proceeding under Sections 144 as also 107 of the Cr.P.C. was/were initiated against Prakash Yadav and others.
5. Learned State Counsel submits that the respondentauthorities have taken appropriate step as would reflect from the counter affidavit itself
6. If the petitioner has real danger to his life as also
Patna High Court CWJC No.9461 of 2016(3) dt.06-03-2024 3/3 his family members, it is the duty of the respondents especially the police authorities to take note of that and direct the concerned authorities to take remedial measure. As the matter is of the year, 2016 and the counter affidavit is also of the same year, it would be appropriate for the petitioner to approach the Senior Superintendent of Police, Banka with appropriate petition, who is directed to take necessary steps in accordance with law.
7. The writ petition stands disposed of with the aforesaid observations.
(Rajiv Roy, J) Jagdish/- U