Deviya Devi v. The State Of Bihar, Through Chief Secretary, Govt. Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.76 of 2017 Arising Out of PS. Case No.- Year-1111 Thana- District- ====================================================== Deviya Devi wife of Late Surendra Paswan, resident of Village - Machhariyavan, P.S. - Fatuah, District - Patna. ... ... Petitioner
Versus
1.
The State of Bihar, through Chief Secretary, Govt. of Bihar 2.
The Principal Secretary, Govt. of Bihar, Patna. 3.
The Director General of Police, Govt. of Bihar, Old Secretariat, Patna. 4.
The District Magistrate, having his office at - North Gandhi Maidan District - Patna.
5.
The Senior Superintendent of Police, having his office North Gandhi Maidan, Patna.
6.
The Superintendent of Police Rural, Police Headquarters, North Gandhi Maidan, Patna.
7.
The Anil Kumar Choubey, Circle Officer, Daniyawan cum Block Development Officer, Daniyawan, P.S. - Fatuha, District - Patna. 8.
The Deputy Superintendent of Police, Fatuha, Patna. 9.
The Station House Officer-cum-Police Inspector, Police Station - Fatuha, District - Patna.
10.
Pradip Kumar, Police Sub Inspector, Police Station - Fatuha, District - Patna. 11.
Santosh Kumar, son of Ramdeo Ram, resident of Village - Machhariyavan, P.S. - Fatuah, District - Patna.
12.
Ashutosh Kumar, Son of Ramdeo Ram, resident of Village - Machhariyavan, P.S. - Fatuah, District - Patna.
13.
Ramdeo Ram, Son of Late Harihar Ram, resident of Village - Machhariyavan, P.S. - Fatuah, District - Patna. 14.
Niranjan Kumar, Son of Laxmi Mahto, resident of Village - Machhariyavan, P.S. - Fatuah, District - Patna.
... ... Respondents ====================================================== Appearance :
For the Petitioner/s :
Mr.Basant Kumar Tripathy, Advocate For the Respondent/s :
Mr.Iqbal Asif Niazi, AC to GP-5 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 06-09-2022 This writ application has been filed seeking a direction to the respondents to take legal action against respondent no. 10 for his alleged commission of the offence of
Patna High Court CR. WJC No.76 of 2017(7) dt.06-09-2022 2/3 causing hurt by pistol butt and abusing the petitioner taking his cast name. A further prayer has been made to direct the respondent no. 6 to measure the lands of the petitioner and remove the encroachment from the plot bearing Khesra No. 1512 under Thana No. 27 which has been allegedly occupied by respondent nos. 10 to 14.
A counter affidavit has been filed on behalf of the State. It is stated therein that the allegations made by the petitioner are wholly unfounded. It is submitted that though the petitioner has mentioned that he wants measurement of plot no. 1512 but in fact he is looking for measurement of plot no. 1511 which would be evident from the statements made in the writ application. So far as plot no. 1512 is concerned, learned counsel for the State has informed that a Public Interest Litigation was filed regarding the said plot which had been dismissed and now roads are being constructed over the said plot. Regarding plot no. 1511, it is submitted that this plot has been measured and it has been found that it is a Gair Majarua Malik land and illegally a Jamabandi had been created thereon which has been cancelled vide order dated 17.06.2022 passed by Additional Collector.
In the given facts and circumstances of the case, this
Patna High Court CR. WJC No.76 of 2017(7) dt.06-09-2022 3/3 Court finds no reason to proceed in this criminal writ jurisdiction.
This application is dismissed.
(Rajeev Ranjan Prasad, J.) Rajeev/- U Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.