Iliyas Ahamad Khan v. The State Of Bihar Through The Chief Secretary, Bihar, Patna And ORS.

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.183 of 2016 ====================================================== Iliyas Ahamad Khan, Son of Late Abdul Jalil Khan, Resident of village - Miyapur, Police Station - Bairiya, District - West Champaran. .... .... Petitioner

Versus

1. The State of Bihar through the Chief Secretary, Bihar, Patna.

2. The Director General of Police, Government of Bihar, Patna.

3. The Inspector General of Police, Tirhut Range Muzaffarpur, Bihar.

4. The Deputy Inspector General of Police, Bettiah, West Champaran.

5. The District Magistrate, Bettiah, West Champaran.

6. The Superintendent of Police, West Champaran at Bettiah.

7. The Officer Incharge, Bairiya Police Station, West Champaran.

8. Maneer Khan Son of Late Manaur Ali Khan.

9. Nausad Alam Khan Son of Maneer Khan.

10. Istekhar Khan Son of Late Sageer Ahamad.

11. Ejaj Khan Son of Late Sageer Ahmad Khan.

12. Faiyaz Khan Son of Sagir Ahamad Khan.

13. Neyaj Khan Son of Late Sagir Ahamad Khan.

14. Reyaz Khan, Son of Late Sagir Ahamad Khan All are resident of village - Miyapur Dubauli, Police Station - Bairiya, District - West Champaran.

.... .... Respondents ====================================================== Appearance :

For the Petitioner : Mr. Sanjay Kumar No.-7, Advocate For the Respondents : Mr. Shahid Siddique, A.C. to A.A.G.-9 ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT GUPTA ORAL ORDER 16-03-2016 The petitioner has sought security to carry out his agricultural operation on his land measuring 6 katha and 12 dhoor in village Miyapur, Tilangahi, Police Station-Bairiya, District-West Champaran.

Admittedly, a civil suit at the instance of the petitioner is pending. Since the dispute is regarding possession, the petitioner may seek an appropriate order from the Civil Court, but the proceedings to protect possession that, too, under Articles

Patna High Court Cr. WJC No.183 of 2016 (2) dt.16-03-2016 2/2 226 and 227 of the Constitution of India are not permissible. Accordingly, the petition stands disposed of. (Hemant Gupta, J) Sunil/- U T