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Patna High CourtCWJC/5789/2024disposed

Hare Ram Das v. The State Of Bihar

2024-08-01Mr. Justice Mohit Kumar Shah3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5789 of 2024 ====================================================== Hare Ram Das Son of Late Kisto Mohan Das @ Kistmohan Das Resident of Maharaja Hata Janta Chowk, P.S.-K. Hat, District-Purnea. ... ... Petitioner/s

Versus

1.

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

2.

The Principal Secretary, Department of Home, Government of Bihar, Patna. 3.

The Principal Secretary, Department of Prohibition, Excise and Registration, Government of Bihar, Patna. Patna.

4.

The Principal Secretary, Department of Revenue and Land Reforms, Government of Bihar, Patna.

5.

The Director General of Police, Bihar, Patna. 6.

The District Magistrate, Purnea.

7.

The Superintendent of Police, Purnea.

8.

The Sub-Registrar, Purnea Sadar, Purnea.

9.

The Circle Officer, Purnea East, Purnea.

10.

The Sub-Divisional Officer, Purnea.

11.

The S.H.O.K.Hat Police Station, Purnea.

12.

The S.H.O. SC/ST Police Station, Purnea.

13.

Manoj Kumar Sinha Son of Late Mahesh Prasad Sinha Resident of Amla tola, Madhubani, P.S.-K.Hat, District-Purnea. 14.

Suraj Kumar Verma Son of Ranjan Kumar Verma Resident of Amla tola, Madhubani, P.S.-K. Hat, Distirct-Purnea.

15.

Rimjhim Devi Son of Ranjan Kumar Verma Resident of Amla tola, Madhubani, P.S.-K.Hat, District-Purnea.

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

For the Petitioner/s :

Mr.Ansul, Advocate Mr.Md Fazle Karim, Advocate For the State :

Mr.Mahendra Prasad Verma, AC to SC-20 For Resp. Nos.13 & 14 :

Mrs.Namrata Mishra, Advocate Mr.Viveka Nand Singh, Advocate Ms.Anu Priyadarshi, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 01-08-2024

1. The present writ petition has been filed seeking the following relief(s):-

Patna High Court CWJC No.5789 of 2024(2) dt.01-08-2024 2/3 "1(i) For directing the concern authority to restrain the private respondents to encroach the land of the petitioner.

(ii) For directing the police authority not to register case/F.I.R against the petitioner and his near relatives without any preliminary enquiry.

(iii) For directing the authority to act in compliance of section 144 and 145 Cr. P.C, which is already running over the land of the petitioner.

(iv) For directing the Respondents no. 8 to bring the details about the sale deed no. 13212, dated 28.05.1990, Volume-49, Pages-223 to 225 as he failed to send it to the court despite of order of the court.

(V) For directing the Respondent no. 9 to send the details of original register of Jamabandi no. 3531 case no. 5585/2010-2011 as he had not sent it to the court despite of order.

(vi) For directing the private respondents not to alienate/ change the nature of the land till the disposal of Title Suit no. 96 of 2023, pending in the court of Sub-Judge - 1, Purnea.

(vii) For directing the trial court to reconsider the petition of the petitioner under order 39 rule 1 & 2 after receipt of details of sale deed no. 13212 dated 28.05.1990 from respondent no. 8 and details of register of Jamabandi no. 3531, case no. 3585/20102011 for respondent no. 9. (viii) For directing the respondent no. 7 to take action against the S.H.O, K. Hat police station and

Patna High Court CWJC No.5789 of 2024(2) dt.01-08-2024 3/3 1.0. of K. Hat P.S. Case no. 1197 of 2023, who is compelling the petitioner to forego his claim over his own land.

(ix) For directing the respondent no. 7 to take action against the S.H.O, SC/ST police station and 1.0. of SC/ST P.S. Case no. 38 of 2023, who is compelling the petitioner to forego his claim over his own land."

2. At the outset, the learned counsel for the petitioner seeks not to press the present writ petition, however, seeks liberty on behalf of the petitioner to avail such other alternative remedies as are otherwise available under the law, for redressal of his aforesaid grievances. Liberty so sought is granted.

3. The writ petition stands disposed off.

(Mohit Kumar Shah, J) Saurav/- U