Ashok Kumar v. The State Of Bihar Through The District Magistrate, Jehanabad

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.820 of 2023 Arising Out of PS. Case No.- Year-0 Thana- District- Jehanabad ====================================================== Ashok Kumar S/O Late Indradeo Singh Resident of Village and P.O. Ikili, P.S.- Makhdumpur, District- Jehanabad.

... ... Petitioner

Versus

1.

The State Of Bihar Through The District Magistrate, Jehanabad Bihar 2.

The District Magistrate, Jehanabad Bihar 3.

The Additional Collector, Jehanabad Bihar 4.

The Superintendent Of Police, Jehanabad Bihar 5.

The Sub-Divisional Magistrate, Jehanabad Bihar 6.

The Circle Officer, Ratanifaridpur, District- Jehanabad Bihar 7.

The Station House Officer, Shakurabad, District- Jehanabad Bihar 8.

Kameshwar Paswan S/O Sidheshwar Paswan Resident Of VillageGulabganj, P.O. Sikandrapur, P.S.- Shakurabad, District- Jehanabad. ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr. Jitendra Prasad Singh, Sr. Advocate Mr. Abhishek, Advocate Ms. Sripriya Singh, Advocate For the Respondent/s :

Mr. Md. Nadim Seraj, G.P.-5 Mr. Iqbal Asif Niazi, A.C. to G.P.-5 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 24-06-2025 Heard learned Senior Counsel for the petitioner and learned counsel for the State.

2.

This writ petition has been filed for a direction upon the respondents to provide protection and security to the life and property of the petitioner for making construction over his ancestral land bearing Khata No.1621, Plot No.3393 having an area of 25 decimal situated in villageGulabganj, P.S.- Shakurabad, District- Jehanabad.

Patna High Court CR. WJC No.820 of 2023(2) dt.24-06-2025 2/3 3.

It has been submitted by learned Senior Counsel for the petitioner that a coordinate Bench of this Court vide order dated 03.02.2020 passed in C.W.J.C. No.6950 of 2014 has allowed the writ petition of the petitioner. In that writ petition, the grievance of the petitioner was that the Circle Officer, Ratni, Faridpur, District- Jehanabad was not allowing the petitioner to make construction over his ancestral land. In the said case, the Circle Officer had appeared personally in Court and ultimately, this Court vide order dated 03.02.2020 quashed the notice and the order dated 17.12.2013 issued by the Circle Officer, Ratni, Faridpur, District- Jehanabad. Thereafter, the Jamabandi of the petitioner was challenged and the same was rejected by the Additional Collector, Jehanabad vide his order dated 02.02.2024.

Thereafter, the petitioner is trying to make construction over his land but, the private respondent, who has no right, title and interest is not allowing the petitioner to make construction over his land though the petitioner has legal right to make construction over the said land. The petitioner has approached the Collector, Jehanabad by filing a representation dated 08.04.2022 for giving him suitable protection for making construction over his land. 4.

Considering the aforesaid facts, the

Patna High Court CR. WJC No.820 of 2023(2) dt.24-06-2025 3/3 Collector, Jehanabad is directed to give necessary protection to the petitioner for making construction over his ancestral land, as indicated above.

5.

The Superintendent of Police, Jehanabad will also cooperate in the matter.

6.

With the aforesaid observations and directions, this criminal writ application is allowed. (Sandeep Kumar, J) pawan/- U T