Pramod Kumar Singh, v. The State Of Bihar,

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5791 of 2023 ====================================================== Pramod Kumar Singh, S/o- Sri Surajdeo Singh, R/o- Village-Sinha Ghat, P.S.- Ara Sadar, District-Bhojpur Presently residing at Jawahar Nagar P.O.- Bhurkunda Bazar, P.S- Patratu District-Jharkhand. ... ... Petitioner/s

Versus

1.

The state of Bihar, through the Chief Secretary, Govt. of Bihar, Patna. 2.

The Director General of Police, Government of Bihar, Patna. 3.

The Inspector General of Police, Govt. of Bihar, Patna. 4.

The Principal Secretary, Department of Revenue, Government of Bihar, Patna.

5.

The Deputy Secretary, Department of Revenue, Bihar, Patna. 6.

The Director, Department of Revenue, Bihar, Patna. 7.

The District Magistrate cum Collector, Ara, Bhojpur. 8.

The Superintendent of Police, Ara, Bhojpur.

9.

The Sub- Divisional Officer, Ara, Bhojpur.

10.

The Circle Officer, Ara Sadar, District- Bhojpur. 11.

Rabinda Sao S/o- Kedar Sao R/o- Vill- Miraganj, P.S.- Ara, DistrictBhojpur. 12.

Surendra Yadav, S/o- Mohanand Yadav.

13.

Ram Babu Singh, S/o- Ravindra Singh. R/o- Village- Gousganj, P.O.- Ara Chowk, P.S.- Ara Town, District- Bhojpur.

14.

Satyendra Singh, S/o- Bhawani Singh. R/o- Village- Gousganj, P.O.- Ara Chowk, P.S.- Ara Town, District- Bhojpur.

15.

Shri Gadadharachary @ Macha Baba, Resident of Gousganj, P.O. -Ara Chowk, P.S.-Ara Town, District-Bhojpur ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Deepanjali Gupta, Adv.

For the Respondent/s :

Mr.Sajid Salim Khan, SC-25 Mr. Arif Daula Siddiqui, AC to SC-25 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 16-10-2023 The present writ petition has been filed seeking the following reliefs:- 1(i). For issuance a writ in the nature of mandamus

2/4 for commanding and directing to the respondents 1st set to free from the mistakes by the Respondent No. 1 and the encroachment of a piece of land from the illegal possession of the respondents 2nd set because the piece of land in question is of MauzaGousganj, Thana No. 240, Touji No. 7913, ward no. 01, Circle No. 01, Khata No. 306 and 289, Khesra No. 1304 (part) and Kheshra No. 1303 (part) respectively, appertaining an area 17 1⁄2 dhur and 17 1⁄2 dhur respectively i.e., total 35 dhurs had been purchased by the father of petitioner from one Srimati Chandrawti Devi by registered sale deed no. 2163 and 2164 dated 22.03.1986.

(ii). For issuance a direction to the respondent 1st set to find out the actual possession of piece of land in dispute in favour of the petitioner by measuring the total lands (plot no. 1304 and 1303) and after deputation of survey know commissioner and to make partition by way of TAKHTA BANDI (plot according to deeds holders) and execute the same in favour of the petitioner and for the petitioner has filed a T.S. No. 162/06 is still pending in the court of Subj-Judge-1, Ara, Bhojpur for partition and Takhtabandi of the land in question and also deputed the police force to protect the measurement and Takhtabandi, if any, because the respondent 2nd set are the member of men, muscles and money even they have highly political approach and in connivance of the local administration have gave threat to the petitioner to

3/4 his life.

(iii). For issuance a direction to the respondents 1st set to protect the life of petitioner, because the petitioner being a legal and legitimate person of the piece of land has been debarred from the possession by the hands of the respondents 2nd set who forcibly garbed the land of petitioner by constructing house and by means of other business facilities, even they have flatly said to the petitioner, if he will do any action against them then he will be killed/murder and due to this fear the petitioner is residing out of state i.e., in Jharkhand State as stated in address column of the petitioner.

(iv). For issuance a writ to ask explanation to the respondent 1st set that being several representations to the head of every respondent (Administrative) and several information by way of FAX and E-mail nothing has been done save and except assurance.

(v). For issuance a direction to the authorities, if the case respondent found fit in favour of the petitioner, the petitioner has folded hand requesting to punish the private respondent 2nd set and recover the economical set loss of the petitioner from the pocket 2nd set, 3rd set of respondent and the guilty person from respondent no. set 1 with penal interest as may think fit and just in the eye of law."

2.

At the outset, the learned counsel for he petitioner seeks

4/4 liberty on behalf of the petitioner to prosecute the title suit, already filed by the petitioner, bearing Title Suit No. 162 of 2006, which is pending adjudication before the learned Court of Sub-Judge-I, Ara, Bhojpur. Liberty, so sought, is granted. 3.

The present writ petition stands disposed off as not pressed.

(Mohit Kumar Shah, J) Ajay/- U