Meenakashi Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13566 of 2022 ====================================================== 1.

Meenakashi Gupta Wife of Sri Hari Narayan Resident of Mohalla-Malahi Pakri, P.S.-Kankarbagh, District-Patna.

2.

Umravati Devi Wife of Sri Ashok Kumar Srivastava, Resident of VillageGanaura, Post-Marhaura, P.S.-Amnaur, District-Saran, Pin Code- No 841418.

3.

Swikriti Kumari Wife of Sri Anil Kumar Resident of Mohalla-Salimpur, P.S.-Salimpur, District-Patna.

4.

Sujeet Kumar Son of Rajeshwar Nath Resident of Mohalla-East Dahiyawan, Sajenganj, Near Shiv Mandir, P.S.-Nagar Thana, Chapara, District-Saran. 5.

Anand Kumar Son of Sri Kapil Sharma Resident of Mohalla-Ramdhanipur, P.S.-Gopalpur, P.O.-Manoharpur, Cachuara, District-Patna. 6.

Rakesh Kumar Son of Sri Prem Nath Ray Resident of Mohalla-Mithapur, Behind Dayanand Girls High School, P.S.-Jakkanpur, P.O.-G.P.O, DistrictPatna. 7.

Ram Chandra Sah Son of Late Babu Lal Sah Resident of Mohalla-Prem Kunj, Bindyawasni Path, Kadamkuan, P.O. and P.S.-Kadamkuan, DistrictPatna. 8.

Smt. Renu Kumari Wife of Sri Manoj Kumar Resident of Village and PostChiraura, P.S.-Naubatpur, District-Patna (Bihar) 9.

Smt. Chitra Pathak Wife of Sri Vijendra Kumar, Resident of VillageKharjamma, P.S.-Deep Nagar, Post-Maghra, District-Nalanda. 10.

Smt. Pushpa Kumari Wife of Sri Manoj Kumar Resident of Purvi Dhiyawan, Butanvadi Gardhh, P.S.-Chhapra. Nagar, District-Chhapra (Saran) ... ... Petitioner/s

Versus

1.

The State of Bihar through District Magistrate Cum Collector, Patna. 2.

Senior Superintendent of Police, Patna.

3.

Chief Secretary Govt. of Bihar, Sachivalaya, Bihar, Patna. 4.

Principal Secretary, Home Department, Bihar, Patna. 5.

Additional Chief Secretary, Revenue and Land Reforms Govt. of Bihar, Bihar, Patna.

6.

District Registering Officer District Registery Officer, Collectorate-Patna, District-Patna.

7.

Circle Officer Sampatchak Block, Patna, District-Patna. 8.

Sri Mukul Kumar Jha (then Circle Officer, Sampatchak Block Patna) At Present Circle Officer, Hajipur, District-Vaishali. 9.

Officer In Charge Ram Krishana Nagar Police Station, Patna, District-Patna. 10.

Abhay Kumar Singh Son of Late Akhilesh Singh Residentof VilalgeNadpura, Post-Jat Dumri, P.S.-Punpun, District-Patna.

2/4 11.

Kaushal Kumar Son of not Known Resident of Village-Sheikhpura, P.S.- Ram Krishna Nagar, District-Patna.

12.

Guddu Kumar Son of Sri Kameshwar Prasad Resident of VillageChandpura, Post-Khushhal Chak, P.S.-Telhara, District-Nalanda. At Present Resident of Village-Sheikhpura, P.S.-Ram Krishna Nagar, District-Patna. 13.

Govind Kumar Son of Baleshwar Ram Resident of Village-Sheikhpura, P.S.- Ram Krishna Nagar, District-Patna.

14.

Shashi Raj Son of Pancham Singh Resident of Village-Sheikhpura, P.S.-Ram Krishna Nagar, District-Patna.

15.

Ram Udar Ram Son of Jagdeo Ram Resident of Village-Piprahi, PostPiprahi, P.S.-Piprahi, District-Sheohar. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajeev Kumar Sinha For the Respondent/s :

Mr.Vikash Kumar (Sc11) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 08-05-2023 The present writ petition has been filed seeking the following reliefs:- "1(i). For Issuance of an appropriate writ for commanding and directing the respondents for quashing the order dated 14.3.2020 (order signed on 19.03.2020) passed by the Respondent No.8 passed in connection with the Land Dispute Case No.05/09.02.2019.

(ii). For issuance of an appropriate writ/writs for commanding and directing the respondents for conducting due enquiry in creating forgery in genuine and correct deed of Power of Attorney bearing Serial No.12252/2016, Deed No.7654/2016-IV dated 27.12.2016 (Annex-1) and further for taking appropriate legal steps against all guilty persons for creating forged deed

3/4 of Power of Attorney (Annexure-2).

(iii). For issuance of an appropriate writ/writs for commanding and directing the respondents for taking appropriate legal action against the Respondent No. 8 & 9 for willfully and deliberately facilitating and validating the forged deed of Power of Attorney (Annexure-2) which was fraudulently created and manoeuvred by Respondent No.10 in connivance with other respondents by making interpolation and forgery by changing photograph, signature and other manipulation in genuine and correct deed of Power of Attorney (Annexure-1) which was already been approved by the Respondent No.6 on the of the report of the Respondent no 8 & 9; on which basis the petitioners had purchased their respective portion of land from its Power of Attorney holder.

(iv). For Issuance of an appropriate writ for commanding and directing the respondents for taking appropriate legal steps for cancellation of the forged and manufactured deed power of attorney (Annexure-2) created fraudulently by Respondent No. 10 in connivance with the other guilty respondents with intent to cause wrongful loss to the petitioners.

(v). For issuance of an appropriate writ and writs for commanding and directing the respondents for providing proper security and protection to the petitioners from the bad designs/steps of the

4/4 Respondent No. 8 to 15 against the petitioners. (vi). For Issuance of an appropriate writ and writs for commanding and directing the respondents concern to take all necessary steps/measures for demolishing the illegal constructions done by the Respondent Nos. 12 in connivance with respondent no. 8 to 15 over the land of the petitioners No.1, 2 and 8."

After some arguments, the learned counsel for the petitioners seeks not to press the present writ petition, however, seeks liberty on behalf of the petitioners 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) Ajay/- U