Anil Kumar Shukla v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 14509 of 2022 ====================================================== 1.

Anil Kumar Shukla, Son of Sri Bikrama Shukla, Resident of VillageThakrahan, P.S.-Thakrahan, District-West Champaran. 2.

Rahul Shukla, son of Sachhida Nand Shukla, Resident of 304, Triveni Niwas, R.K. Avenue Road, Near Dinkar Round about Rajendra Nagar, P.S.- Kadam Kuan, Patna.

... ... Petitioner/s

Versus

1.

The State of Bihar through Department of Home, Govt. of Bihar, Patna. 2.

The Collector, Bettiah, West Champaran.

3.

The S.S.P. Bettiah, West Champaran.

4.

The S.D.O. Bagaha, West Champaran.

5.

The C.O. Thakrahan, Bettiah, West Champaran.

6.

The Officer-in-Charge Thakrahan, Bettiah, West Champaran. 7.

Atibal Choudhary, son of Late Prasad Choudhary, resident of VillageThakrahan, Rupa Tola, P.S.-Thakrahan, District-West Champaran. 8.

Subash Choudhary, son of Late Prit Choudhary, resident of VillageThakrahan, Rupa Tola, P.S.-Thakrahan, District-West Champaran. 9.

Badar Choudhary, son of Late Laxman Choudhary, resident of VillageThakrahan, Rupa Tola, P.S.-Thakrahan, District-West Champaran. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. S.N. Pathak, S.C Mr. Rajeev Ranjan Jha, Advocate Mr. Saurav Nikunj, Advocate For the Respondent/s :

Mr. Manish Kumar, G.P-4 Mr. Manoj Kumar, A.C to G.P-4 For the Resp. Nos.7 to 9 :

Mr. Prabhat Kumar Sharma, Advocate Mr. Hemant Kumar Sharma, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 04-04-2023 Heard learned counsel for the parties.

The petitioners have filed the instant application for the following relief(s):-

Patna High Court CWJC No. 14509 of 2022(6) dt.04-04-2023 2/3 "(i) For issuance of appropriate writ in the nature of mandamus seeking direction to the respondent no. 2 to 6 to ensure and protect the property of the petitioner from Respondent no. 7 to 9 who in connivance with Antisocial element who are trying to dispossess the petitioner from the land described in paragraph no. 4 to this application which was the ancestral land of the petitioner. (ii) For issuance of appropriate writ in the nature of mandamus directing the respondents to provide law full protection to the properties held and possessed by the petitioners which is under threat of private respondents who have also filed title suit but the same was dismissed.

(iii) For issuance of appropriate writ in the nature of mandamus seeking direction to respondent no. 7 to 9 not to disturb the petitioner from peaceful possession over the said land which is his ancestral land followed by possession and mutation and Article 300A of constitution of India. (iv) For any other relief or reliefs for which petitioner is entitled for."

After some argument, learned counsel for the petitioners seeks permission to withdraw this application to pursue the remedy prayed for in the instant application by filing an appropriate application/suit in accordance with law. It is made clear that the Court has not entered into the merits of the case of the respective parties.

Patna High Court CWJC No. 14509 of 2022(6) dt.04-04-2023 3/3 This application is disposed of as withdrawn with the aforesaid liberty.

(Partha Sarthy, J) avinash/- U