Bijay Kumar Mehta v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.1272 of 2016 ===================================== Bijay Kumar Mehta, son of Late Shivnath Mehta, resident of Village-Bhirha, P.S.-Medani Chauki, District-Lakhisarai .... .... Petitioner/s

Versus

1. The State of Bihar

2. The Director General of Police, Bihar, Patna

3. The Commissioner, Munger, Commissionary, Munger

4. The District Magistrate, Lakhisarai

5. The Sub-Divisional Magistrate, Lakhisarai

6. The Superintendent of Police, Lakhisarai

7. The Circle Officer, Suryagarha, Lakhisarai

8. The SHO Medanichak, Lakhisarai

9. Sukhdeo Mahto, son of Akalu Mahto

10. Rajani Kumari, wife of Ghanshyam Mahto, respondent Nos. 9 and 10 both resident of Village-Bhirha, P.S.- Medani Chauk, District-Lakhisarai .... .... Respondent/s ===================================== Appearance :

For the Petitioner/s : Mr. Sanjay Prasad For the Respondent/s : Mr. Prabhat Kumar Verma ===================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 08-08-2018 The writ petitioner has sought a direction from this Court to the respondent authorities for concluding the Case No. 84M of 2010 expeditiously.

The learned counsel for the petitioner has submitted that at his instance, a proceeding under Section 145 of the Code of Criminal Procedure was initiated against the private respondents. The learned S.D.M., Lakhisarai vide order dated 27.07.2015 directed for status-quo over the land in question and till date, it has been submitted, the proceedings have

Patna High Court Cr. WJC No.1272 of 2016 (2) dt.08-08-2018 2/2 been kept pending and has not been concluded. It is urged on behalf of the writ petitioner that the purpose of keeping the proceedings pending is only to help the private respondents who are only benefiting with the status-quo order and the petitioner who has a rightful claim over the land in question has been shut out high and dry. Without going into the merits of the respective parties, this Court directs the learned S.D.M., Lakhisarai to conclude the proceedings in Case No. 84M of 2010 as early as possible without giving unnecessary adjournments to the parties, preferably within a period of six months. With the aforesaid direction/observation, the writ petition is disposed of.

(Ashutosh Kumar, J) Shageer/- U T