Rajdeo Prasad v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.25352 of 2013 ======================================================
1. Rajdeo Prasad Son Of Baleshwar Prasad R/O - Jai Prakash Nagar Road No. - 2B, Gewal Bigha, P.S. - Civil Lines, District - Gaya .... .... Petitioner/s
Versus
1. The State Of Bihar
2. The Principal Secretary, Department, Home, Bihar, Patna
3. The District Magistrate, Gaya
4. The Senior Superintendent Of Police, Gaya
5. Manoj Kumar Son Of Late Kishori Prasad Resident Of Mohalla - Raj Colony Bangla Sthan, House Of Nagendra Prasad, P.S. - Kotwali, District - Gaya
6. Pushpendra Kumar Son Of Late Kishori Prasad Resident Of Mohalla - Raj Colony Bangla Sthan, House Of Nagendra Prasad, P.S. - Kotwali, District - Gaya .... .... Respondent/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sheo Jee Mishra For the Respondent/s : Mr. Dhurjati Kr Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 19-07-2016 Heard Mr. Sheo Jee Mishra for the petitioner and Mr. Dhurjati Kumar Prasad for the State.
The writ application seeks a direction upon the private respondent(s) to refrain from interfering with the properties of the deceased wife of the petitioner. The private respondent(s) are related to the deceased wife of the petitioner. On perusal of the records, it appears that a dispute of title between two individuals exists.
The counsel for the State on the basis of the averments
Patna High Court CWJC No.25352 of 2013 (2) dt.19-07-2016 2/2 made in the counter affidavit has pointed out that an FIR for the alleged illegal acts of the private respondent(s) was filed by the petitioner in which final form was submitted and the accused(s) were not sent up for trial.
Having appreciated the difficulty of the Court in resolving such dispute in exercise of a writ jurisdiction, Mr. Mishra has fairly stated that the application is permitted to be withdrawn enabling the petitioner to ventilate his grievance before appropriate Authority/Forum in accordance with law. The writ application is permitted to be withdrawn with the said liberty.
(Kishore Kumar Mandal, J) rohit/- U