Rajiv Ranjan Sinha v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.205 of 2014 ====================================================== Rajiv Ranjan Sinha son of Sri Ashok Kumar Sinha, resident of villageSimri, P.S.- Vidyapati Nagar, District- Samastipur (Bihar) .... .... Petitioner/s

Versus

1. The State of Bihar

2. The District Magistrate, Samastipur

3. The Superintendent of Police, Samastipur

4. The Sub-Divisional Magistrate, Dalsingh Sarai, Samastipur

5. The Sub-Divisional Police Officer, Dalsingh Sarai Samastipur

6. The Executive Magistrate-cum-Circle Officer, Circle-Vidyapati Nagar, District- Samastipur

7. The Officer-In-Charge of Vidyapati Nagar Police Station, Samastipur .... .... Respondent/s ====================================================== Appearance:

For the Petitioner/s : Mr. Shri Prakash Srivastava, Advocate For the Respondent/s : Mr. K.P. Gupta, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 01-05-2015 The petitioner prays for a direction to the district administration of Samastipur to provide him with protection and security to enable him to make construction on his raiyati land. Mr. Ashok Kumar, learned Stating Counsel No. 11 with reference to the counter affidavit filed on behalf of the respondent District Magistrate, the Sub-Divisional Magistrate and the Executive Magistrate-cum-Circle Officer with particular reference to the statement made in paragraph-7 thereof submits that although necessary directions have been issued by the Circle Officer to the Officer In-Charge, Vidyaptinagar to provide assistance to the petitioner for construction of his boundary wall, it is submitted

Patna High Court CWJC No.205 of 2014 (2) dt.01-05-2015 that in absence of disclosure of the name of the persons who are creating trouble for the petitioner, no action can be taken against them. It is further submitted by learned counsel that if the petitioner gives the name or informs the authority concerned as regarding the date on which he intends to make the construction, necessary protection would be provided.

Taking note of the grievance raised herein as well as the submissions advanced by learned State counsel, the writ petition is disposed of with a liberty to the petitioner, in case he faces any obstruction by any person, to file the appropriate application giving the details of the offenders as well as the offence committed before the Superintendent of Police as well as the Officer-in-Charge of Vidyapatinagar Police Station and in case the petitioner files any such application, the concerned authority shall enquire into the matter and provide necessary assistance to the petitioner so as to complete the constructions on his land for any form of vandalism should be nipped in the bud. With the directions aforementioned, the writ petition is disposed of.

(Jyoti Saran, J) S.Sb/- U