Prashant Wibhaw v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7267 of 2023 ====================================================== Prashant Wibhaw Son of Late Chandeshwar Singh, resident of Jai Prakash Nagar, A.G. Colony, P.S.- Shashtri Nagar, Town and District- Patna. ... ... Petitioner/s

Versus

1.

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

2.

The District Magistrate, Patna.

3.

The Senior Superintendent of Police, Patna.

4.

The Officer-in-Charge, Shashtri Nagar Police Station, P.S.- Shashtri Nagar, District- Patna.

5.

Sri Sanjay Kumar, Son of Late Chandeshwar Singh Resident of Jai Prakash Nagar, A.G. Colony, P.S.- Shashtri Nagar, Town and District- Patna. 6.

Sri Saday Kumar, Son of Late Chandeshwar Singh Resident of Jai Prakash Nagar, A.G. Colony, P.S.- Shashtri Nagar, Town and District- Patna. 7.

Uday Kumar, Son of Late Chandeshwar Singh Resident of Jai Prakash Nagar, A.G. Colony, P.S.- Shashtri Nagar, Town and District- Patna. 8.

Digvijay Singh, Son of Late Chandeshwar Singh Resident of Jai Prakash Nagar, A.G. Colony, P.S.- Shashtri Nagar, Town and District- Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bipin Bihari Singh, Advocate For the State :

Mr. Divya Verma, AC to AAG-3 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 07-11-2023 1.

The present writ petition has been filed seeking the following reliefs:- "That, the present petition is for issuance of writ/ writs in nature of MANDAMUS for commanding and directing State respondents especially District Magistrate and Senior Superintendent of Police, Patna for providing protection to life, personal liberty and

Patna High Court CWJC No.7267 of 2023(2) dt.07-11-2023 2/3 property including residential house in Patna under Thana No. 9 Khata No. 134 Khesra No.

06 measuring area of 1710 Sq. Ft. as valid title to a property and is in lawful possession it not only constitute a constitutional right under Article 300A of the Constitution but also a fundamental right under Article 21 of the Constitution and no third person can interfere and obstruct with title, possession and an enjoyment contrary to the law and such rights required to be protected by State and its functionaries and further prayer regarding thorough enquiry against deeds, misdeeds and third party interference in his peaceful life, personal liberty and property as an aforementioned and take necessary legal action against responsible persons/ private respondents with pious wishes to maintain rule of law instead of muscle, which is beauty of democratic setup of the State."

2.

At the outset, the learned counsel for the petitioner seeks not to press the present writ petition, however, seeks liberty on behalf of the petitioner to avail such other alternative remedies as are otherwise available under the law. Liberty, so sought, is granted.

Patna High Court CWJC No.7267 of 2023(2) dt.07-11-2023 3/3 3.

The writ petition stands dismissed as not pressed.

(Mohit Kumar Shah, J) kanchan/- U