Shyam Sundar Jha v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9031 of 2016 ====================================================== Shyam Sundar Jha s/o late Balbhadra Jha, resident of village Nagdah, PO Nagdah Balain, PS Arer, District Madhubani ... ... Petitioner/s

Versus

1.

The State Of Bihar through the District Magistrate, Madhubani 2.

The District Magistrate, Madhubani 3.

The Circle Officer, Benepatti, Madhubani.

4.

The Superintendent of Police Madhubani.

5.

The Station House Officer, Police Station Arer, Madhubani. 6.

Babuji Mishra s/o late Jaynarayan Mishra, resident of village Nagdah, PO Nagdah Balain, PS Arer, District Madhubani.

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

For the Petitioner/s :

Mr.Sanat Kumar Mishra, Advocate For the State :

Mr. Manikant Mishra-Gp25 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 03-10-2024 Though the present writ petition has been filed for setting aside the report dated 13.04.2015, submitted by the Circle Officer, Benepatti Madhubani, but, at the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to challenge the same by filing appropriate appeal, however, seeks some protection during the interregnum period. Liberty so sought is granted.

2. It is needless to state that in case appropriate appeal is filed by the petitioner, within a period of four weeks from today, the appellate authority shall decide the same, within

Patna High Court CWJC No.9031 of 2016(3) dt.03-10-2024 2/2 a period of six weeks, thereafter, and till then no coercive action shall be taken against the petitioner. However, in case no appeal is filed within a period of four weeks from today, the respondent-authorities shall be free to take appropriate action, as they deem fit and proper, in accordance with law, against the petitioner.

(Mohit Kumar Shah, J) kanchan/- U