Ganga Prasad Yadav v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8859 of 2017 ====================================================== Ganga Prasad Yadav Son of Late Sahdeo Yadav, Resident of Village- Kasiyam Mahpara, Tola- Nirmala, Block and P.S.- Lakhnaur, District- Madhubani. ... ... Petitioner/s

Versus

1.

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

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

The District Magistrate, Madhubani.

4.

The Superintendent of Police, Madhubani.

5.

The Circle Officer Anchal Adhikari, Lakhnaur Anchal, District- Madhubani. 6.

The Officer in Charge, Lakhnaur Police Station, District- Madhubani. 7.

Soman Saday, Son of Hathi Saday.

8.

Yadu Saday, Son of Hathi Saday.

9.

Sunder Saday, Son of Hathi Saday.

10.

Lawani Saday, Son of Hathi Saday.

11.

Ghuran Saday, Son of Thakay Saday.

12.

Kishan Saday, Son of Thakay Saday.

13.

Tuntun Saday, Son of Thakay Saday 14.

Lakhan Saday, son of Bechan Saday.

15.

Shiv Nandan, Son Of Lakhan Saday.

16.

Hari Nandan, Son of Lakhan Saday.

17.

Joibach Saday, Son of Chhotkan Saday, SI No. 7 to 17 are resident of Village- Nirmala, P.S.- Lakhnaur, District- Madhubani. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Hriday Kant Mishra For the Respondent/s :

Mr.Md. N.H. Khan-Sc1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 13-02-2024 Heard the parties.

2. The petitioner has moved the Court for the following reliefs:

"(i) For issuance of writ in the nature of mandamus directing and commanding the

Patna High Court CWJC No.8859 of 2017(4) dt.13-02-2024 2/3 respondent government officials to protect the life, property and liberty of the petitioner from the unsocial elements i.e Respondent no 7 to 17 and some unknown persons who always time to time loot/ take ready crops unauthorized and illegally from the lands of the petitioner and his brothers by means of threatening to kill life of the petitioner and his family member by using illegal arms etc.

(ii) For issuance of further writ in the nature of mandamus commanding and directing the respondents government officials specially the DM and the S.P of Madhubani to look into the matter seriously and take steps / legal action against the private respondents and if any illegal temporary structure like hut etc is being found, removed immediately from the lands of the petitioner and his own brothers which may be made for the purpose of capturing illegally.

(iii) For holding and declaration that petitioner deserves to get protection of his life and property of the petitioner and his own brothers for which he is entitled to get the same. (iv) That the Hon'ble Court may be pleased to grant any other relief or reliefs to the petitioners as this Hon'ble Court may thinks it proper in the present facts and circumstances of this case."

3. Learned counsel for the petitioner submits that the petitioner has filed a Title Suit No. 29 of 2022 in the Court of Sub-Judge, Jhanjharpur and notices have been issued to the defendants.

4. This application is disposed of with liberty to the petitioner to file an injunction application, if not already filed, and if such an application is filed, the Sub-Judge, Jhanjharpur will pass an appropriate order within a month of communication

Patna High Court CWJC No.8859 of 2017(4) dt.13-02-2024 3/3 of this order/ filing of the injunction application.

5. With the above observation, this application is disposed of.

(Sandeep Kumar, J) P. Kumar U