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Patna High CourtCR. WJC/392/2022disposed

Kausar Abbas v. The State Of Bihar Through The Principal Secretary, (Home), Govt. Of Bihar, Patna.

2022-08-01Mr. Justice Rajeev Ranjan Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.392 of 2022 Arising Out of PS. Case No.- Year-0 Thana- District- Siwan ====================================================== Kausar Abbas Son Of Qasim Abbas Resident Of Village - Bhikhpur, P.S.- Siswan, Distt.- Siwan.

... ... Petitioner

Versus

1.

The State of Bihar through the Principal Secretary, (Home), Govt. of Bihar, Patna.

2.

The District Magistrate, Siwan 3.

The Superintendent of Police, Siwan.

4.

The Sub Divisional Magistrate, Siwan 5.

The Anchaladhikari, Siswan, Distt.- Siwan.

6.

The Officer in Charge Siswan, Distt.- Siwan.

... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr. Akhouri Vipin Bihari Shrivastava, Advocate For the Respondent/s :

Mr. Ruchikar Jha, AC to SC-8 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 01-08-2022 Learned counsel for the petitioner undertakes to remove all the defects as pointed out by the Office. Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner in the present case is looking for a direction to the respondent authorities to provide police protection to the petitioner as well as to compensate him for the alleged demolition of boundary wall by some anti-social elements.

A perusal of the records would show that there seems to be some dispute with respect to which police report was

Patna High Court CR. WJC No.392 of 2022(2) dt.01-08-2022 2/2 submitted to the Sub-Divisional Magistrate and the SubDivisional Magistrate has passed an order as contained in Annexure '2' in M-993/2021 under Section 144 Cr.P.C. Since this Court finds that the reliefs prayed is in respect of a land and the petitioner is looking for construction over the said land, it is for the competent authorities such as the Sub-Divisional Magistrate, Siwan and Anchaladhikari, Siswan District-Siwan to look into the matter and consider the same after hearing all the parties in the matter and pass an appropriate order thereon within a reasonable time. This Court has not expressed any opinion on the merit of the case. The application stands disposed of with the aforesaid directions.

Certified copy of this order will be made available only after removal of the defects.

(Rajeev Ranjan Prasad, J) SUSHMA2/- U T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.