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Patna High CourtCWJC/13207/2022dismissed

Vikau Raut v. The State Of Bihar

2023-05-08Mr. Justice Mohit Kumar Shah3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13207 of 2022 ====================================================== Vikau Raut S/o Late Babuji Raut Resident of Village- Manamkhedu, P.S.- Jalley, Jogiara, P.O.- Chandauna, District- Darbhanga (Bihar), Pin- 847303. ... ... Petitioner/s

Versus

1.

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

The Principal Secretary, Revenue and Land Reforms Department, Govt. of Bihar, Patna.

3.

The Divisional Commissioner, Darbhanga Division, Darbhanga. 4.

The District Magistrate, Darbhanga.

5.

The Sub-Divisional Officer, Darbhanga.

6.

The Deputy Collector, Land Reforms, Darbhanga. 7.

The Superintendent of Police, Darbhanga.

8.

The Circle Officer, Jalley, Darbhanga.

9.

The S.H.O., Jalley, Darbhanga.

10.

Rajdeo Raut S/o Late Sonfi Raut Resident of Village- Manamkhaidu, P.S.- Jalley, District- Darbhanga.

11.

Rajendra Raut S/o Late Sonfi Raut Resident of Village- Manamkhaidu, P.S.- Jalley, District- Darbhanga.

12.

Rajkumar Raut S/o Late Sonfi Raut Resident of Village- Manamkhaidu, P.S.- Jalley, District- Darbhanga.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjeev Kumar, Advocate For the Respondent/s :

Mr.Rishi Raj Sinha ( Sc 19 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 08-05-2023 The present writ petition has been filed seeking the following relief:- "1. That the present writ petition has been preferred for issuance of writ, writs, order, orders, direction, directions specifically a writ of mandamus be issued to the respondent District Magistrate and Superintendent of Police,

Patna High Court CWJC No.13207 of 2022(2) dt.08-05-2023 2/3 Darbhanga to protect the respect of the law as well as life and property of the petitioner as affirmed by the competent court of Sub-Judge III, Civil Court, Darbhanga and on the other hand, the muscle man and land grabbers are bent upon to grab the property of the petitioner after facing defeat from the competent court of Civil Court, Darbhanga and not accepting the legal mandate as well as rule of law due to the inaction of the local authorities posted at Jalley Block and the District Magistrate, Darbhanga and the Superintendent of Police, Darbhanga due to which the petitioner is surviving with fear and danger of life facing day to day overt act by the private respondents.

And further to issue direction to learned Court below Darbhanga to decide the matter Misc. Case No. 01/2012 expeditiously as the fact that the matter is pending learned court below from 2012 and petitioner is facing hard financially mentally and otherwise.

And further be pleased to issue direction as your Lordships may deem fit and proper in the facts and circumstances as well as material on record for the appropriate protection life and property of the petitioner as prayed for in this writ petition."

At the outset, the learned counsel for the petitioner seeks not to press the present writ petition, however, seeks

Patna High Court CWJC No.13207 of 2022(2) dt.08-05-2023 3/3 liberty on behalf of the petitioner to avail such other alternative remedies as are otherwise available under the law. Liberty, so sought, is granted.

The writ petition stands dismissed as not pressed. (Mohit Kumar Shah, J) kanchan/Saurav U