Nitu Sahi Alias Nitu Surendra Sahi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8159 of 2023 ====================================================== Nitu Sahi alias Nitu Surendra Sahi Wife of Surendra Kumar Shahi alias Surendra Sahi, Resident of Village Sahila Eraji, P.S. Hathauri, DistrictMuzaffarpur. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary Revenue and land Reforms Department, Govt. of Bihar, Patna.

2.

The Principal Secretary, Revenue and land Reforms Department, Govt. of Bihar, Patna.

3.

The Collector, Muzaffarpur.

4.

The D.C.L.R. (East), Muzaffarpur.

5.

The C.O. Aurai, District- Muzaffarpur.

6.

The S.S.P., Muzaffarpur.

7.

The Dy. S.P. (East), Muzaffarpur.

8.

The Officer-in-Charge, P.S. Hathauri District Muzaffarpur. 9.

Laxmeshwar Prasad Shahi Son of Late Ram Prasad Shahi, Resident of Village Sahila Eraji, P.S. Hathauri, District- Muzaffarpur. 10.

Bhuvaneshwar Prasad Shahi Son of Late Ram Prasad Shahi, Resident of Village Sahila Eraji, P.S. Hathauri, District- Muzaffarpur. 11.

Kameshwar Prasad Shahi Son of Late Ram Prasad Shahi, Resident of Village Sahila Eraji, P.S. Hathauri, District- Muzaffarpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajan For the Respondent/s :

Mr.Sajid Salim Khan (Sc25) ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 14-12-2023 Heard the parties.

2. This application has been filed on behalf of the petitioner seeking a direction to the respondents for providing protection to the life and property of the petitioner who is being harassed by the private respondents.

3. After hearing learned counsel for the petitioner, learned counsel for the State and the learned counsel for the private respondents, it appears that there is a private dispute between the petitioner and the private respondents which

Patna High Court CWJC No.8159 of 2023(3) dt.14-12-2023 2/2 cannot be decided by this Court and can only be decided by the Civil Court.

4. In these circumstances, the petitioner is given liberty to approach the Civil Court for redressal of his grievances. So far as the complaint of the petitioner is concerned that he is being harassed by the respondent Nos. 9 to 11, learned counsel for the State submits that there is an FIR registered by the petitioner.

5. In case, any complaint is made by the petitioner in future for harassment in any way then the SHO, Hathauri will make a preliminary enquiry before registering any case and if he finds any substance in the allegations of the petitioner then only the FIR shall be registered otherwise these kind of disputes will not always result in filing of series of FIRs.

6. This direction is being issued by this Court in the light of the Judgment of Hon'ble Supreme Court in the case of Lalita Kumari Vs. State of Uttar Pradesh (2014) 2 SCC 1.

7. With the aforesaid directions, this application stands disposed of.

(Sandeep Kumar, J) Vikas/- U