Rameshwar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5301 of 2023 ====================================================== Rameshwar Singh S/o Ram Lochan Singh Resident of House No. 177, Brijbhan Singh Path, near VIP Chowk, Ward no. 7, Deoghar, P.S. and DistrictDeoghar (Jharkhand). ... ... Petitioner/s

Versus

1.

The State of Bihar through the Home Secretary, Old Secretariat, Patna. 2.

The District Magistrate, Saran at Chapra.

3.

The Superintendent of Police, Saran at Chapra. 4.

The Sub- Divisional Officer, Sonepur, P.O. and P.S.- Sonepur, District- Saran at Chapra.

5.

The Officer Incharge of Dighwara Police Station, P.O. and P.S.- Dighwara, District- Saran at Chapra.

6.

Smt. Meena Kumari, W/o Sri Ajay Prakash Resident of Village- Bagahi, P.O.- Saidpur Dighwara, P.S.- Dighwara, District- Saran at Chapra. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bipin Bihari Singh, Advocate For the Respondent/s :

Mr.Sheo Shankar Prasad (Sc8) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 16-10-2023

1. The present writ petition has been filed seeking the following relief(s):- "1. That the present writ petition is for issuance of writ/writs in nature of mandamus for commanding and directing the concern authority of District Administration specially District Magistrate, Saran and Superintendent of Police equally to provide protection of life, personal liberty including property which are constitutional right granted under Article 21 and Article 300A of constitution of India considering the rights and entitlement upon the land in terms

Patna High Court CWJC No.5301 of 2023(2) dt.16-10-2023 2/2 of the declaration of entitlement by the learned Civil Court with reference to Title partition suit No. 92 of 1990 which attains its finality. However, the private respondent had captured/ encroached upon piece of land with the help of unsocial elements or on point of muscle men power and money ignoring declaration of title and possession upon land by the learned Civil Court whereas such exercise are against established principle of law and for other necessary relief/reliefs."

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 dismissed as not pressed. (Mohit Kumar Shah, J) Saurav/- U