Pradeep Sah v. The State Of Bihar Through Its Home Secretary, Patna And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.763 of 2017 Arising Out of PS. Case No.- Year-1111 Thana- District- ====================================================== Pradeep Sah Son of Sri Ram Nath Sah, Resident of Mohalla- Chabhachcha Chowk, Ward No. 4, Santanunagar, P.S. Madhubani T, District- Madhubani. ... ... Petitioner/s

Versus

1.

The State Of Bihar Through Its Home Secretary, Patna and Ors 2.

The Director General of Police, Govt. of Bihar, Patna. 3.

The Superintendent of Police, Madhubani.

4.

The Deputy Superintendent of Police, Madhubani. 5.

The Officer-in-Charge, S.H.O. Madhubani Police Station- Madhubani. 6.

Naresh Prasad, Son of Mahendra Sah.

7.

Mahendra Sah, Son of Late Cheta Sah.

8.

Suresh Prasad, Son of Mahendra Sah.

9.

Narendra Prasad, Son of Mahendra Sah.

10.

Sonu Kumar, Son of Mahendra Sah, All 6 to 10 Resident of Barrah Bazar, P.S. Madhubani, District- Madhubani.

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

For the Petitioner/s :

Mr.Rajesh Kumar, Advocate For the Respondents :

Mr. Prabhakar Thakur, Advocate For the State :

Mr.Manoj Kumar, AC to GP-4 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 03-11-2022 Heard learned counsel for the petitioner, learned counsel for the private respondents and learned counsel for the State.

Having regard to the fact that the petitioner was ousted from possession of the shop in question by virtue of a decree passed by learned Munsif Court in in P. Suit No. 198 of 2014 (Annexure R6/1 to the counter affidavit of the private

Patna High Court CR. WJC No.763 of 2017(3) dt.03-11-2022 2/2 respondents) and it is an admitted position that the petitioner has filed miscellaneous case for setting-aside of the said decree which is said to be an ex parte decree, this Court finds no reason to entertain this writ application. No relief may be granted in the present jurisdiction. Petitioner may pursue his remedy before an appropriate forum in accordance with law.

This application stands disposed of accordingly. (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'.