Mahmood Alam, v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12475 of 2021 ====================================================== 1.

Mahmood Alam, Son of Late Junab Ali, resident of Village-Brith Barji, P.O.- Barji, P.S.-Motipur, District-Muzaffarpur.

2.

Mohammad Sattar, Son of Nek Mahmad Miyan, resident of Village-Brith Barji, P.O.-Barji, P.S.-Motipur, District-Muzaffarpur. ... ... Petitioner/s

Versus

1.

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

The Principal Secretary, Department of Home (Police), Government of Bihar, Patna.

3.

The Director General of Police, Bihar, Patna. 4.

The Deputy Inspector General of Police, Tirhut Range, District-Muzaffarpur. 5.

The Senior Superintendent of Police, Muzaffarpur. 6.

The Superintendent of Police, Muzaffarpur.

7.

The Dy. Superintendent of Police, Muzaffarpur (West), District-Muzaffarpur. 8.

The Station House Officer of Motipur Police Station, District-Muzaffarpur. 9.

Kamal Rai, son of Shri Ganga Rai, resident of Village-Barji, P.S.-Motipur, District-Muzaffarpur.

10.

Pawan Kumar Yadav @ Pawan Rai, son of Shri Ganga Rai, resident of Village-Barji, P.S.-Motipur, District-Muzaffarpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Krishna Kant Singh, Advocate For the Respondent/s :

Mr.P. K. Verma ( Aag3 ) :

Mr. Saroj Kr. Sharma (AC to AAG 3) For respondents 9 & 10 :

Mr. Rajeev Prakash, Advocate :

Mr. Subodh Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 19-07-2022 Though the present writ petition was filed for directing the respondent- Authorities not to interfere with the repairing work being carried out by the petitioner of his thatched house situated over the land appertaining to Khata no. 745, Khesra no. 4202, villageBrith Barji, PS-Motipur, District-Muzaffarpur but during the interregnum period, remedial measures have been taken by the

Patna High Court CWJC No.12475 of 2021(6) dt.19-07-2022 2/2 District Administration and today, second counter affidavit has been filed on behalf of District Magistrate, Muzaffarpur, wherein it has been stated that the land of the petitioner has been measured and demarcated.

However, though the petitioner is now not having any grievance but the learned counsel for the petitioners seeks liberty to take appropriate steps in accordance with law for grant of compensation regarding illegal demolition of a portion of the house/ pillar of the petitioner by the respondent State Authorities. Liberty so sought, is granted.

The learned counsel for the respondent State has also submitted that adequate care would be taken in order to ensure that the possession of the petitioner over the land in question is not disturbed.

At this juncture, the learned counsel for the respondents no. 9 and 10 seek and is granted liberty to take recourse to such other remedies, as are available under the law.

The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) rinkee/- U