Sakendra Das v. The State Of Bihar Through The District Magistrate, Begusarai And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.931 of 2014 ======================================================

1. Sakendra Das S/o Late Vasudeo Das Resident of Vill. AND P.O. - Badi Baliya, P.S. - Baliya, District - Begusarai, Bihar .... Petitioner

Versus

1. The State of Bihar Through The District Magistrate, Begusarai

2. The District Magistrate, Begusarai

3. The Superintendent of Police, Begusarai

4. The Sub-Divisional Officer, Ballia, Dist.- Begusarai

5. The Sub-Divisional Magistrate, Ballia, Dist.- Begusarai

6. The Sub-Divisional Police Office, Ballia, Dist.- Begusarai

7. The Circle Officer, Ballia, Dist.- Begusarai

8. The Anchal Adhikari, Ballia, Dist.- Begusarai

9. The Station House Officer, Ballia, Dist.- Begusarai .... Respondents ====================================================== Appearance :

For the Petitioner : Ms Aditi Hansaria, Adv. For the Respondents : Mr. Dr. Anshuman (Sc 14) ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 01-05-2015 Heard the learned counsel for the petitioner and the State.

This is a petition for issuance of mandamus commanding the respondents not to allow or permit any person for establishing or carrying out any business for possession on the property in question, during the pendency of the proceeding under Section 146 of the Criminal Procedure Code.

The learned counsel for the petitioner submits that earlier a proceeding under Section 144 of the Criminal Procedure Code, which was subsequently converted under Section 145 of the Criminal Procedure Code and, thereafter, an order passed under Section 146 of the Criminal Procedure Code and property ordered to be given under the receivership to the Circle Officer, Ballia, district Begusarai, and it has been ordered that till any order of the competent Court about the possession of title the Circle Officer is appointed as receiver.

Patna High Court Cr. WJC No.931 of 2014 (3) dt.01-05-2015 2/2 Having regard to this order, now the Court of the Sub Divisional Officer, Ballia, Begusarai, or the Circle Officer, Ballia, Begusarai, have taken the possession and the property is custodia legis till the title in possession is decided by a competent Court. However, a grievance of the petitioner is that on the said land licence is being granted for taking out procession of Durga Puja. The petitioner, instead of moving the competent Court for deciding it's title, has prolonged his litigation by filing this petition. However, when the alternative remedy is available to the petitioner for declaration of title and possession before a competent Court, it is not proper for this Court to exercise the extra ordinary jurisdiction.

Hence, I do not find any merit to issue any direction and the petitioner may raise the issue before a competent Court, which is required to decide the title and possession.

With this observation, this application is disposed off.

(Gopal Prasad, J) SA/- U √ T √