Nawal Kishore Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5317 of 2023 ====================================================== Nawal Kishore Tiwari S/o Laldip Tiwari, resident of Village- Shankar Mahua, P.S. Baikunthpur, District- Gopalganj. At present resident of Mohalla- C.V. Saida near Sai Mandir Chillagaon, P.S.- Chila Sarauda Khadar, District East Delhi.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The District Magistrate-cum-Election Commissioner Gopalganj. 3.

The Superintendent of Police Gopalganj.

4.

The Circle Officer Baikunthpur, District Gopalganj. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pankaj Kumar, Advocate For the Respondent/s :

Mr.Sheo Shankar Prasad (Sc8) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 17-10-2023 1.

The present writ petition has been filed seeking the following relief:- "That this application is being filed on behalf of the petitioner above named for issuance of appropriate writ in the nature of MANDAMUS Commanding and directing the respondent authorities to provide proper protection to save and secure the properties of the petitioner in his favouur which has been going to grab by the anti-social element of the village Shankarpur Mahua which is purchased land of the petitioner through registered sale deed No. 1458 dated 8. 10. 2010 situated in Mauja Shankarppur Tthana No. 347 Tauzi No. 3524 appertaining to Khata no.167 Survey Plot no. 848 area one katha and since petitioner is not residing in village Shankarpur Mahua rather resident of Delhi for his

Patna High Court CWJC No.5317 of 2023(2) dt.17-10-2023 2/2 livelihood, the antisocial element of society want to grab the purchased land of petitioner though it has already been mutated in favour of petitioner and petitioner is regularly and continuously paying the rent to the State govt. and accordingly rent receipt has been issued in his favour of the petitioner by the State authorities." 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, including that of filing a suit before the learned civil court of competent jurisdiction. Liberty, so sought, is granted. 3.

The writ petition stands dismissed as not pressed. (Mohit Kumar Shah, J) kanchan/- U