Sunil Sah v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14419 of 2016 ======================================================

1. Sunil Sah Son of Ramnoumi Sah resident of village - Chintamanpur, P.S. Belsar P.O. ( Vaishali ), District Vaishali .... .... Petitioner/s

Versus

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

2. The District officer, Vaishali at Hajipur

3. The Sub Divisional officer, Hajipur, District Vaishali

4. The Inspector of Police, Vaishali ( Belsar O.P. ) District Vaishali

5. The Circle officer, Belsar, Sub Division - Hajipur, District - Vaishali

6. Mahesh Prasad Yadav Son of Late Anandi Rai resident of village - Kataru Tola, Bangari, P.S. Belsar O.P. ( Vaishali ), District Vaishali .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ganesh Prasad Singh For the Respondent/s : Mr. Asif Kalim, AC to AAG 12 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 20-09-2016 Heard Mr. Ganesh Pd. Singh, learned Counsel for the petitioner, and Mr. Asif Kalim, learned AC to AAG 12, appearing for the State respondents.

Having regard to the fact that with respect to the land, which forms the subject matter of this writ application, made under Article 226 of the Constitution of India, in the form of Public Interest Litigation, there is a proceeding under Section 133 of the Code of Criminal Procedure, covered by Proceeding No. 787 of 2015, pending with respondent No.3, namely, Sub-

Patna High Court CWJC No.14419 of 2016 (2) dt.20-09-2016 Divisional Officer, Hajipur, District Vaishali, this Public Interest Litigation cannot be entertained and is, therefore, disposed of with a direction to the respondent No.3, namely, Sub-Divisional Officer, Hajipur, to expeditiously deal with, and dispose of, the proceeding under Section 133 of the Code of Criminal Procedure and take the same to its logical conclusion, in accordance with law, preferably, within a period of three months from the date of receipt of a copy of this order.

The petitioner may furnish to the respondent No.3, namely, Sub-Divisional Officer, Hajipur, District Vaishali, a certified copy of this order along with a copy of the present writ petition and annexures thereto.

With the above observations and directions, this writ application stands disposed of.

(I.A. Ansari,CJ) (Anjana Mishra, J) A.I./- U