Patna High CourtCWJC/7488/2014disposed

Tapeshwar Prasad v. The State Of Bihar And ORS

2016-10-19Mr. Justice Kishore K. Mandal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7488 of 2014 ======================================================

1. Tapeshwar Prasad Son of Late Ambika Prasad resident of Mohalla - Vishnupuri, Ram Lakhan Singh Path, Chitkohra, Police Station - Gardanibagh, Town & District - Patna .... .... Petitioner/s

Versus

1. The State of Bihar

2. The District Magistrate, Patna

3. The Senior Superintendent of Police, Patna.

4. The Sub - Divisional Officer, Patna Sadar, Patna

5. The Circle Officer, Patna Sadar, Patna

6. The Officer - in - Charge, Gardanibagh Police Station, Patna .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Suresh Kumar For the Respondent/s : Mr. A.C. to A.A.G.-8 ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 19-10-2016 Heard Mr. Suresh Kumar, Counsel for the petitioner and A.C. to A.A.G.-8 for the State.

The present writ application has been filed for refund of the amount deposited by the petitioner in the light of the order dated 31.07.2012 passed in C.W.J.C. No. 1851 of 2012 (Annexure-1).

A counter affidavit is filed on behalf of respondent no. 3. The Court directed deployment of the police force on payment of cost to provide assistance in taking possession over the disputed land. The respondents have stated, which the Counsel for the petitioner is unable to dispute, that the force was deployed but, it is submitted that the boundary wall could not be constructed

Patna High Court CWJC No.7488 of 2014 (2) dt.19-10-2016 2/2 even after deployment of the force by the respondents as the objection thereto was severe. Be that as it may, the Court had directed for deployment of force upon payment of cost which was already deployed.

Considering the above, this Court is unable to grant relief as prayed in this application for refund of the amount deposited by the petitioner with the respondents. The relief is fit to be declined.

I order accordingly. However, the petitioner would be at liberty to ventilate his grievance before the concerned respondents on the basis of new facts, if any, in accordance with law.

(Kishore Kumar Mandal, J) Pankaj/- U