Baijnath Rai @ Baidnath Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6097 of 2024 ====================================================== Baijnath Rai @ Baidnath Rai Son of Late Kunja Rai, Resident of Village - Rupauli Chaksima, P.S. - Patori, Distt. - Samsatipur. ... ... Petitioner/s

Versus

1.

The State of Bihar through Director General of Police, Bihar. 2.

Director General of Police, Bihar, Patna.

3.

Inspector General of Police, Darbhanga.

4.

Superintendent of Police, Samastipur.

5.

Sub Divisional Police Officer, Patori, Samastipur. 6.

Officer-in-Charge, Patori Police Station, Samastipur. 7.

Jagdev Rai, Son of Late Sirpat Rai, Resident of Village - Rupauli Chaksima, P.S. - Patori, Distt. - Samastipur.

8.

Darbhangi Rai, Son of Late Sirpat Rai, Resident of Village - Rupauli Chaksima, P.S. - Patori, Distt. - Samastipur. 9.

Bhagdev Rai, Son of Late Sirpat Rai, Resident of Village - Rupauli Chaksima, P.S. - Patori, Distt. - Samastipur. 10.

Must. Shanti Devi, Wife of Late Ramjee Rai, Resident of Village - Rupauli Chaksima, P.S. - Patori, Distt. - Samastipur. 11.

Lalbabu Rai, Son of Ramjee Rai, Resident of Village - Rupauli Chaksima, P.S. - Patori, Distt. - Samastipur.

12.

Shambhu Rai @ Abhilakh Rai, Resident of Village - Rupauli Chaksima, P.S. - Patori, Distt. - Samastipur.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dhananjai Kumar Singh, Advocate For the Respondent/s :

Mr. Kameshwar Kumar, GP-17 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 01-07-2024 The present writ petition has been filed seeking the following relief:- "I. For Commanding and Directing the Respondents to take prompt legal action against Respondents No. 7-12, who are

Patna High Court CWJC No.6097 of 2024(2) dt.01-07-2024 2/3 adamant on violating the Judgment and Decree dt. 29.5.2017 and 14.6.2017, respectively passed by Learned Civil Judge, (Junior Division) Shahpur Patori, Samastipur, in connection with Title Suit No. 17A/2015. in favour of Petitioner.

II.

For commanding and directing the respondents to provide safety and security to the life and property of Petitioner and his family members against Respondents No. 712 who are determined to dispossess the petitioner from decreed land on the strength of muscle power.

III. For holding that, on account of being lawful owner of the Suit Property, arising out of Judgment and Decree dt. 29.5.2017 and 14.6.2017, respectively passed in Title Suit No. 17A/2015, possession of Petitioner over decreed land, deserves to be protected by Respondents.

IV. For considering that, due to continued inaction on the part of Respondents, Civil Right of Petitioner is being continuously violated by Respondents No. 7-12.

V. For taking lawful against the Respondents for their willful negligence in compliance of the guideline issued by Hon'ble Apex Court as well as this Hon'ble High Court in respect of

Patna High Court CWJC No.6097 of 2024(2) dt.01-07-2024 3/3 registration of F.I.R in case of cognizable offences."

2.

At the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to avail such other alternative remedies as are otherwise available under the law. Liberty, so sought, is granted.

3.

The writ petition stands dismissed.

(Mohit Kumar Shah, J) kanchan/- U