Ashok Kumar Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19029 of 2015 ====================================================== Ashok Kumar Singh Son of Ram Swarath Singh Resident of village and P.O. Punaura, P.S. Sitamarhi, District - Sitamarhi ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2.

The Principal Secretary, General Administration Department, Government of Bihar, Patna 3.

The District Magistrate, Sitamarhi 4.

The Superintendent of Police, Sitamarhi 5.

The Sub - Divisional officer, Sadar, Sitamarhi 6.

The Station Head Officer, Sitamarhi Police Station District Sitamarhi 7.

The Incharge, Punaura Out Post Under Sitamarhi Police Station, District - Sitamarhi 8.

Raj Mangal Singh Son of Late Jagdish Singh 9.

Lal Babu Singh Son of Late Jagdish Singh 10.

Dhiraj Kumar Son of Late Babu Singh 11.

Nand Kishore Singh Son of Raj Mangal Singh 12.

Kaushal Kishore Singh Son of Raj Mangal Singh 13.

Uday Shankar Singh Son of Raj Mangal Singh 14.

Amaresh Singh Son of Raj Mangal Singh 15.

Prakash Kumar Singh Son of Nand Kishore Singh 16.

Suraj Kumar Singh Son of Kaushal Kishore Singh All Resident of village and P.O. Punaura, P.S. Sitamarhi, District - Sitamarhi ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pushpendra Kumar Singh,Adv.

For the Respondent/s :

Mr.Abbas Haider,SC-16 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 27-03-2023 The present writ petition has been filed seeking the following relief:- "1.(I)For issuance of an appropriate writ in the nature of Mandamus, commanding

Patna High Court CWJC No.19029 of 2015(2) dt.27-03-2023 2/3 and directing the Respondent Authorities to handover the peaceful possession of land of the petitioner bearing Khata No.1785, Khesra No.3261, 3262 and 3263 of village- Punaura measuring an area 17 decimals, 1 decimal and 1 decimal respectively upon which the Respondent 2nd set illegally and forcibly constructed the pucca house since the Respondent 1st set had failed to restrain the Respondent 2nd set even after proper information to the Respondents as well as even filing a petition before the Sub- Divisional Officer, Sadar, Sitamarhi under Section 144 of the Code of Criminal Procedure.

(II) For issuance of an appropriate writ in the nature of Mandamus, commanding and directing the Respondent State to take suitable departmental action against the Respondents particularly the Respondent nos. 6 and 7, who have failed to discharge their statutory duty to protect the life and property of a citizen like the petitioner for their personal gain since they are connived with the Respondent 2nd set."

Considering the nature of the prayer made in the present writ petition, I deem it fit and proper

Patna High Court CWJC No.19029 of 2015(2) dt.27-03-2023 3/3 to grant liberty to the petitioner to avail such other alternative remedies, as are otherwise available under the law.

Accordingly, the present writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) S.Sb/sonalU