Pappu Kumar @ Shailendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8839 of 2024 ====================================================== Pappu Kumar @ Shailendra Kumar Son of Late Kedar Prasad, Resident of Ward No.4, Station Road, Khusrupur, P.S.- Khusrupur, District- Patna. ... ... Petitioner/s

Versus

1.

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

The Director General of Police, Bihar, Patna. 3.

The District Magistrate, Patna.

4.

The Senior Superintendent of Police, Patna.

5.

The Superintendent of Police, Rural, Patna.

6.

The Sub Divisional Officer-cum-House Controller, Patna City, DistrictPatna. 7.

The Dy. S.P., Patna City, District- Patna.

8.

The Station House Officer, Khushrupur, District- Patna. 9.

Subodh Kumar, Son of Gajendra alias Gajo Sao, Resident of Purani Bhaththi, Kaji Mohalla, Hilsa, P.S.- Hilsa, District- Nalanda. 10.

Gajendra alias Gajo Sao, Son of Not Known, Resident of Purani Bhaththi, Kaji Mohalla, Hilsa, P.S.- Hilsa, District- Nalanda. 11.

Veena Devi, Wife of Pappu Kumar @ Shailendra Kumar, and daughter of Gajendra alias Gajo Sao, presently resident of Purani Bhaththi, Kaji Mohalla, Hilsa, P.S.- Hilsa, District- Nalanda. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Indu Bhushan, Advocate For the Respondent/s :

Government Pleader 11 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 22-07-2024 The present writ petition has been filed seeking the following reliefs:- "(i)For issuance of an appropriate writ in the nature of Mandamus commanding the respondents for a direction to get unlock the

Patna High Court CWJC No.8839 of 2024(2) dt.22-07-2024 2/3 shop and house of the petitioner from the illegal possession and from illegally locked the shop of the petitioner by Respondent Nos. 9 to 11 and to deliver the possession of shop and house situated at Ward No.4, Station Road, Khushrupur, P.S.-Khushrupur, DistrictPatna, the shop has been constructed over the ancestral land of the petitioner of which Jamabandi No.10, Area 03 decimals present Part-4, Page No.192, Mauja-Safipur, Thana No.141, Anchal-Khushrupur, District-Patna as the respondent Nos. 9 to 11 illegally captured and forcefully locked the shop and house of the petitioner, due to which the petitioner has been facing starvation. The petitioner gave an application on 11.03.2024 before the responsible government officials, but no action has been taken as yet.

(ii) For a direction to provide shelter of law and to restrain the respondent Nos. 9 to 11 from which the petitioner may be able to spend his life peacefully and to do his business peacefully."

2.

After some arguments, 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

Patna High Court CWJC No.8839 of 2024(2) dt.22-07-2024 3/3 alternative remedies as are otherwise available under the law. Liberty, so sought, is granted. 3.

The writ petition stands disposed of.

(Mohit Kumar Shah, J) kanchan/- U