Mosmat Anarwa Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7279 of 2023 ====================================================== Mosmat Anarwa Devi W/O late Anand Sahni @ Nandu Sahni, VillageGawhariya, Ward No.9, P.S. Patahi, District- East Champaran (Motihari), presently residing at Village- Belwa Narkatia, Ward No.2, P.O. Belwa Nizamat, P.S. Piprahi, District- Sheohar.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary,-General, Home Department, Govt. of Bihar, Patna.

2.

The Superintendent of Police, East Champaran at Motihari. 3.

The Sub-Divisional Police Officer, Motihari.

4.

The S.H.O, Patahi Police Station, East Champaran. 5.

Bilas Sahni S/o Gopi Sahni Resident of Village- Gawhariya, Ward No. 9, P.S. Patahi, District- East Champaran (Motihari). 6.

Rajwati Devi W/o Chalitar Sahni Resident of Village- Gawhariya, Ward No. 9, P.S. Patahi, District- East Champaran (Motihari). 7.

Rakesh Kumar Sahni S/o Late Chalitra Sahni Resident of VillageGawhariya, Ward No. 9, P.S. Patahi, District- East Champaran (Motihari). ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shambhu Sharan Singh, Advocate For the State :

Mr.Md. N.H. Khan (Sc1) Mr. Fazle Karim, AC to SC-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 07-11-2023 1.

The present writ petition has been filed seeking the following relief:- "(i) For a direction/order to the Respondent No.2,3 to make interference in the matter because the petitioner has been forcibly debarred from her matrimonial house after forcibly taking/looking her movable and immovable property by the Private

Patna High Court CWJC No.7279 of 2023(2) dt.07-11-2023 2/3 Respondent no.5,6,7 for dire consequences, if the either return her matrimonial house or make any demand of her materials/articles like movable or immovable property."

2.

At the outset, the learned counsel for the respondent-State has referred to the counter affidavit, filed in the present case, more particularly, paragraph no.05 thereof, which is reproduced, hereinbelow:- "That on the averment made in the writ petition, the SP Motihari passed an order directing the SHO Patahi PS in whose jurisdiction the complainant, happens to be last residing in her matrimonial house, and accordingly the SHO has been directed, if any petition of the complainant, as narrated in the writ petition, is available in the Police Station also a request should be made to SDO Pakridayal to take suitable legal action under the provisions of senior citizen and maintenance act and Rules, 2007."

3.

In view of the aforesaid, this Court deems it fit and proper to dispose off the present

Patna High Court CWJC No.7279 of 2023(2) dt.07-11-2023 3/3 writ petition, while granting liberty to the petitioner to avail such other alternative remedies, as are otherwise available under the law, for redressal of her subsisting grievances, if any.

(Mohit Kumar Shah, J) kanchan/- U