Brajeshwar Prasad Singh And ANR. v. The State Of Bihar Through The Chief Secretary, Govt. Of Bihar, Old Secretariat, Patna And ORS.
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.760 of 2015 Arising Out of PS.Case No. -null Year- null Thana -null District- VAISHALI(HAJIPUR) ===========================================================
1. Brajeshwar Prasad Singh son of Late Bhuwneshwar Prasad Singh @ Bhuwaneshwar Singh resident of village - Ramrai Singhara, P.S. - Mahua, District - Vaishali.
2. Vijay Pratap Singh son of Late Bharat Bhushan Singh resident of village - Ramrai Singhara, Post - Singhara, P.S. - Mahua, District - Vaishali. .... .... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Govt. of Bihar, Old Secretariat, Patna.
2. The Director General of Police, Bihar, Old Secretariat, Patna.
3. The Additional Director General (Administration), Patna.
4. The Inspector General of Police, Muzaffarpur Range, Muzaffarpur.
5. The District Magistrate, Vaishali at Hajipur.
6. The Superintendent of Police, Vaishali at Hajipur.
7. Sub-Divisional Officer-cum-Magistrate, Mahua, Vaishali.
8. The Deputy Collector, Land Reforms, Mahua, District - Vaishali.
9. The Sub-Divisional Police Officer, Mahua, Vaishali.
10. The Officer-in-Charge, Mahua Police Station, Mahua - Vaishali.
11. Mohan Singh son of late Ramchandra Singh
12. Sohan Singh son of late Ramchandra Singh
13. Mintu Singh son of Sohan Singh
14. Pintu Singh son of Sohan Singh
15. Ram Binay Singh son of Sohan Singh
16. Bablu Singh son of Late Nawal Kishore Singh
17. Dablu Singh son of Late Nawal Kishore Singh
18. Rajiv Singh son of Late Nawal Kishore Singh
19. Sabi Singh son of Late Nawal Kishore Singh
20. Shyam Nandan Singh son of Late Jayantri Singh
21. Sanjay Singh son of Shyam Nandan Singh
22. Ashok Singh son of Shyam Nandan Singh
23. Ritesh Singh son of Shyam Nandan Singh
24. Amresh Singh son of Late Madan Singh
25. Kalu Singh son of Ashok Singh
26. Gopal Singh son of Amresh Singh
27. Ghantu Singh son of Amresh Singh
28. Abhishek Singh @ Abhishek Kumar son of Amresh Singh
29. Sanoj Singh son of Sri Mohan Singh
30. Shivam Singh son of Sri Sanoj Singh
31. Shubham Singh son of Sri Manoj Singh
32. Sanni Singh son of Sri Sanjay Singh
33. Raja Singh son of Sri Ritesh Singh All are residents of village - Ramrai Singhara, P.S. - Mahua, District - Vaishali.
.... .... Respondent/s ===========================================================
2/4 Appearance :
For the Petitioner/s : Mr. Navin Prasad Singh, Adv. For the State : Mr. Amit Kumar Anand, A.C. to GP-15 Fo4r Private Respondents : Mr. Bindhyachal Singh, Adv. =========================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL JUDGMENT Date: 06-10-2015 Heard learned Counsel for the petitioners, learned Counsel for the State and learned Counsel for the private respondents.
2. The prayer of the petitioners in the present application as stated in paragraph- 1 is as under :- "1. That the present criminal writ application is being filed on behalf of the abovenamed petitioners before this Hon'ble Court for the following reliefs : (i) For issuance of writ in the nature of certiorari for quashing the letter of Sub-Divisional Officer, Mahua contained in Memo No. 376 dated 18.03.2015 whereby the Sub-Divisional Officer, Mahua informed and directed the petitioners and respondent 2nd parties to maintain status quo accepting the facts that the Zamabandi had been duty created in favour of the father of the petitioner no.2, namely, Late Bharat Bhushan Singh vide Mutation Case No.1755/1998-99 in respect of Plotm No. 2733 pertaining to Khata No. 610 and a Title Suit bearing T.S.No.147/95 filed on behalf of respondent 2nd parties was dismissed on contest with cost to the respondent no.2nd parties although an appeal bearing Appeal No.2/1999 is pending disposal before the Civil Court, Hajipur.
(ii) For a direction to the respondent 1st parties to give full protection to the petitioners and their family members in organizing and performing the Puja in the temple of Bhagwati Durga constructed upon the Plot
3/4 No. 2733 pertaining to Khata No.610, Mauza Singhara which exclusively belongs to the petitioners and their family members.
(iii) For a direction to the respondent 1st parties not to allow the respondent 2nd parties to interfere in the valid right of the petitioners with regard to performing the Puja of Bhagwati Durga and management of temple through the year and specifically during the Dashahara Puja.
(iv) For a direction to the District and SubDivisional Administration to act upon in accordance with the finding of the competent civil court, Hajipur in Title Suit No.147/95 rejecting the unlawful claim of respondent 2nd parties.
(v) For any other relief or reliefs to which the petitioners are entitled in the facts and circumstances of the case."
3. Apparently, it would appear from the record that against the judgment and decree of civil court passed in Title Suit No. 147 of 1995 a Title Appeal bearing No.2 of 1999 is pending between the parties before the learned District Judge, Vaishali pertaining to Plot No.2733, Khata No.610 in Mauza Singhara under Mahua SubDivision in the district of Vaishali. From the pleadings of the parties, it would appear that several disputed questions of fact have been raised in the present writ petition, which cannot be adjudicated in extra-ordinary writ jurisdiction under Article 226 of the Constitution of India. The petitioners have other equally efficacious and
4/4 alternative remedy available to them for the redressal of their grievance.
4. In that view of the matter, I am not inclined to entertain the application. Accordingly, the application is disposed of. (Ashwani Kumar Singh, J) Pradeep/- U T