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Patna High CourtMJC/2400/2024disposed

Md Seraz Alam v. The State Of Bihar

2025-01-24Mr. Justice Mohit Kumar Shah3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.2400 of 2024 In Civil Writ Jurisdiction Case No.2175 of 2024 ====================================================== Md Seraz Alam, son of Abdul Samad, resident of Village- 258 Nazani Chowk near Purani Masjid, Bettiah, District- West Chamaparan. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Brajesh Mehtotra, Chief Secretary Government of Bihar, Patna. 3.

Sri Chaitnya Prasad, Principal Secretary, Government of Bihar, Patna. 4.

Pratyay Amrit, Home Commissioner, Bihar, Patna. 5.

Rajbindra Singh Bhatti, Director General of Police, Bihar, Patna. 6.

Sri Dinesh Kumar Rai, District Magistrate, West Champaran, Bettiah. 7.

Dr. Anupma Singh, Sub Divisional Officer, Bagha. 8.

Mrs. Anjelika Kirti, D.C.L.R., Bagha.

9.

Sri Ved Prakash, Circle Officer, Ramnagar.

10.

Sri Shushant Kumar Saroj, Superintendent of Police, Bagha. 11.

Sri Nand Ji Prasad, D.S.P. Ramnagar 12.

Sri Lalan Kumar, S.H.O., Ramnagar.

13.

Sri Jayant Kant, D.I.G. Bettiah 14.

Anuj Jaiswal S/o Shankar Prasad Choudhary R/o- Ramnag, Thana and Anchal- Ramnagar, District- West Champaran.

15.

Arun Jaiswal S/o Shankar Prasad Choudhary R/o- Ramnag, Thana and Anchal- Ramnagar, District- West Champaran.

16.

Vinod Patel S/o Late Haridwara Patel R/o Kumhar Patti, Thana- Ramnagar, District- West Champaran.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Binay Kumar, Advocate For the State :

Mr. K. N. Jha, AC to GP-11 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 24-01-2025 It is submitted by the learned counsel for the opposite parties that in compliance of the order of this Court dated 29.04.2024, passed in CWJC No.2175 of 2024, an enquiry was

Patna High Court MJC No.2400 of 2024(4) dt.24-01-2025 2/3 made by the Superintendent of Police, Bagha, who had also directed the Police Inspector-cum-SHO, Ramnagar, vide Memo dated 29.07.2024, to enquire into the matter and submit a report whereafter a thorough enquiry was made by him and it was found upon visiting the plot in question, details whereof had been given by the petitioner that an old residential house of one Anuj Jaiswal has been constructed on a plot, appertaining to Khata No.83, Khesra No.538 admeasuring 7 dhur, which the petitioner claims to be his house and the same is surrounded by Ramrekha river on the north, PCC Road on the south, house of one R.K. Gaungly on the east and Someshwar Library on the west.

It is further submitted that during the course of enquiry, the petitioner was asked to submit documents pertaining to the said house and land however, he failed to do so, and more over, during the course of enquiry, it has been revealed that the petitioner was never in possession of the said house and in fact the said house was built by the father of Anuj Jaiswal, namely, Shankar Choudhary, hence the said matter constitutes a civil dispute and the petitioner is well advised to take recourse to the due process of law.

2. In view of the stand taken by the opposite party no.10 in the show-cause filed in the present case, I am satisfied

Patna High Court MJC No.2400 of 2024(4) dt.24-01-2025 3/3 that the order dated 29.04.2024, passed by this Court in CWJC No.2175 of 2024 has stood complied with hence, the present petition stands disposed off.

(Mohit Kumar Shah, J) kanchan/- U