Ram Kumar Mukhiya v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13619 of 2015 ====================================================== Ram Kumar Mukhiya Son of Late Ramdhani Mukhiya, R/o Village - Manuwar, P.S. - Jalai Maheshi, District - Saharsa. ... ... Petitioner

Versus

1.

The State Of Bihar 2.

The Commissioner, Division Koshi, Saharsa.

3.

The Collector, Saharsa.

4.

The Superintendent of Police, Saharsa.

5.

The Sub - Divisional Officer, Sadar Saharsa, District - Saharsa. 6.

The Circle Officer, Anchal - Maheshi, District - Saharsa. 7.

The Officer in - Charge, Police Station Maheshi, O.P. Jalai, District - Saharsa.

8.

Raja Ram Yadav, Son of Late Sonelal Yadav, 9.

Ram Sagar Yadav, Son of Late Sonelal Yadav, 10.

Ladulal Yadav, 11.

Jai Kant Yadav, Both S/o Laxmi Yadav, 12.

Siwatch Sharma, 13.

Sita Ram Sharma, Both S/o Late Subelal Sharma, All 8 to 13 resident of village - Palwa, P.S. - Maheshi Jalai, District - Saharsa. ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr.Dr. Abdus Shakoor, Advocate For the Respondent/s :

Mr.Manish Kumar, Gp8 and Mr. Manoj Kumar, AC to GP 4 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 02-01-2023 Heard learned counsel for the petitioner and the State. This writ petition has been filed for commanding respondents no. 3 and 4 to provide protection of life and property to the petitioner caused due to atrocity of private respondents no. 8 to 13.

Counter affidavit has been filed on behalf of

Patna High Court CWJC No.13619 of 2015(3) dt.02-01-2023 2/2 respondents no. 2, 3, 5 and 6. It has been stated that there is land dispute between the petitioner and private respondents and they are fighting for getting right, title and possession over the said land. It is further stated that proceedings under sections 107 and 144 of the Cr.P.C. have also been drawn between the parties to maintain peace and tranquility. Learned counsel for the State submits that it is a case of civil dispute between the petitioner and the private respondents and the petitioner has alternative remedy.

It appears that the State officials have already taken proper steps to refrain the parties from committing any overt act in the matter, no further order is required to be passed. Writ petition is disposed of as such.

(Prabhat Kumar Singh, J) Shashi U