Sahendra Thakur v. The State Of Bihar Through Secretary Home Department, Bihar, Patna.

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.1340 of 2021 Arising Out of PS. Case No.- Year-0 Thana- District- Sitamarhi ====================================================== SAHENDRA THAKUR Son of Late Anand Lal Thakur Resident of VillagePotduara Tole Bishanpur, P.S.- Bajatti District- Sitamarhi, at present F-104 Lakshmi Park Nangloi, Nilothi, West Delhi.

... ... Petitioner/s

Versus

1.

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

The Districct Magistrate, Sitamarhi. Bihar 3.

The Superintendent of Police, Sitamarhi. Bihar 4.

The S.H.O. Bajpatti Police Station, District- Sitamarhi Bihar 5.

The A.S.I. Bajpatti Police Station, Dist. Sitamarhi. Bihar ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Alok Kumar Jha, Advocate For the Respondent/s :

Mr. M. Nasrul Huda Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 21-03-2022 Heard the parties.

The petitioner has filed the instant application for the following reliefs :

"(i) For issuance of appropriate writ, orders, direction to the respondent authorities to compensate the petitioner for the damages caused to him due to illegal attachment of the house built under Pradhan Mantri Awas Yojana on his purchased land, which was attached without proper inquiry.

(ii) Further to pass an order or direction to make free the property in

Patna High Court CR. WJC No.1340 of 2021(6) dt.21-03-2022 2/2 question which cannot be attached being the self acquired property of the petitioner, not being an accused of any offence.

(iii) Pass such an order or orders which the Court may deem fit and proper."

Having heard learned counsel for the parties and on perusal of the record it transpires that the application of the petitioner for release of the seized articles including the property in question which was attached was rejected by the learned Court below vide order dated 4.10.2021 which the petitioner has not challenged in the instant application. Further the petitioner has an alternate and efficacious remedy of challenging the same in the learned Court below.

For the above reasons, the Court finds no merit in the application and the same is dismissed.

(Partha Sarthy, J) Prakash/- U