Patna High CourtCR. WJC/819/2015dismissed

Shyam Sundar Pd. Soni v. The State Of Bihar, Through The Home Secretary, Govt. Of Bihar, Patna And ORS

2016-07-21Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.819 of 2015 Arising out of PS.Case No. -null Year- null Thana -null District- AURANGABAD =========================================================== Shyam Sundar Pd. Soni, son of late Kishun Sao, Resident of Village + P.O.+P.S. Obra, District- Aurangabad, Bihar.

.... .... Petitioner/s

Versus

1. The State of Bihar, through the Home Secretary, Govt. of Bihar, Patna.

2. The Director General of Police, Bihar.

3. The Superintendent of Police, Aurangabad.

4. The Deputy Superintendent of Police, Daud Nagar, Aurangabad.

5. The Officer-in-charge, Obra Police Station, District- Aurangabad.

6. Sri Ram Sevak Jaiswal, son of late Gobardhan Jaiswal, resident of village + P.O.+ P.S. Obra, District- Aurangabad, Bihar.

7. Sri Suraj Jaiswal

8. Sri Chintu Jaiswal Both sons of Ram Sevak Jaiswal, Both residents of village + P.O. +P.S. Obra, District- Aurangabad. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Debanjan Chowdhary, Adv. For the State : Ms. Binita Singh, G.P. 31 =========================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL JUDGMENT Date: 21-07-2016 It is apparent from the averments made in the writ petition and the counter affidavit filed on behalf of the State that there is primarily a dispute between a landlord and tenant.

2. The petitioner has approached this Court in writ jurisdiction for issuance of a direction to the respondents to unlock the shop, over which a lock has been put by respondent No. 6, namely, Sri Ram Sevak Jaiswal who is a private person.

3. It is well settled that a writ petition would not lie

Patna High Court Cr. WJC No.819 of 2015 dt.21-07-2016 2/2 against a private person. The petitioner has an alternative efficacious statutory remedy available in law for the redressal of his grievance.

4. In that view of the matter, I am not inclined to entertain this application. Accordingly, it is dismissed. (Ashwani Kumar Singh, J) S.Ali/- AFR/NAFR NAFR CAV DATE N/A.

Uploading Date 22/ 07/2016 Transmission Date 22/ 07/2016