Priya Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8847 of 2022 ====================================================== 1.

Priya Devi Wife of Raju Singh Resident of Village Dayal Chak, P.S. Chapra, District Chapra at Saran.

2.

Ram Pravesh Kumar Son of Doman Malakar Resident of Gate Siyari, P.S. Magadh Medical, District- Gaya.

3.

Mala Kumari Daughter of Chandradeep Singh Resident of Jahan Bigha, Bagdaha, Civil Aerodram, P.S. Gaya Medical, District Gaya. 4.

Kundan Kumar Son of Chandradip Singh Resident of Village Jahan Bigha, P.S. Bodhgaya, District Gaya.

5.

Sayed Mohammad Ethsamuddin Ahmad Son of S.M. Nasimuddin Ahmad Resident of Banglow No.6, Ahmad Manzil, Anand Bazar, Danapur, P.S. Danapur, District Patna.

... ... Petitioner/s

Versus

1.

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

The Principal Secretary, Department of Homes, Government of Bihar, Patna. 3.

The Secretary, Department of Homes, Government of Bihar, Patna. 4.

The Director General of Police, Bihar, Patna. 5.

The Inspector General of Police (Bihar Special Arms Police- 03), Bihar. 6.

The Deputy Inspector General (Bihar Special Arms Police-03), Bihar, Patna. 7.

The City S.P. cum Commandant (Bihar Special Arms Police-03), Bodhgaya, District Gaya.

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

For the Petitioner/s :

Mr.Md. Najmul Hodda, Advocate Mr.Abdul Morren Khan, Advocate For the Respondent/s :

Mr.Shailesh Kumar, AC to GP-5 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 29-03-2023 The present writ petition has been filed seeking the following relief:- " (i) For issuance of an appropriate writ, order or direction for quashing the order of the respondent No.7 the City S.P. cum Commandant, Bihar Special Arms Police-03 contained in Memo No. 281 dated 09.05.2022 by which the

Patna High Court CWJC No.8847 of 2022(2) dt.29-03-2023 2/2 petitioner's allotment for running different types of shops in the premises of Police Line, Bihar Special Arms Police-03 Gaya have most arbitrarily and quite malafidely been cancelled without affording any opportunity of hearing. (ii) For issuance of an appropriate writ, order or direction for grant of ad-interim stay of the order of respondent no. 7 contained in Annexure 1 during the pendency of this writ application." At the outset, the learned counsel for the petitioners submits that the impugned order has been passed by the Commandant (Bihar Special Arms Police-03), Bodh Gaya, however, since the allotment order, issued by the Battalion Welfare Committee dated 02.07.2021 (Annexure 2 to the present writ petition), itself provides that in case of any dispute, the said Committee shall resolve the same, liberty be granted to the petitioners to approach the said Committee for the purposes of redressal of their aforesaid grievances. Liberty so sought, is granted.

The writ petition stands disposed off.

(Mohit Kumar Shah, J) rinkee/sonalU