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Patna High CourtL.P.A/1906/2015dismissed

Naziruddin Khan v. The State Of Bihar And ORS

2017-09-08Mr. Justice Rajeev Ranjan Prasad,Mr. Justice Ajay Kumar Tripathi2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.1906 of 2015 In Civil Writ Jurisdiction Case No.9269 of 2013 ====================================================== Naziruddin Khan, Son of Late Bhola Khan, resident of Village- Shaikhpura, Police Station- M.H. Nagar (Hasanpura), District- Siwan. ... ... Appellant/s

Versus

1.

The State of Bihar 2.

The District Magistrate-Cum-Collector, Siwan, District- Siwan. 3.

The Deputy Collector Of Land Revenue, Siwan, District- Siwan. 4.

The Sub-Divisional Magistrate, Siwan, District- Siwan. 5.

The Superintendent Of Police, District- Siwan 6.

The Circle Officer, Hassanpur (Block), District- Siwan 7.

Md. Sabrati Ansari S/O Zeyauddin Ansari R/O Village- Sheikhpura, P.S.- M.H. Nagar, Hassanpura, District- Siwan ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Abdul M. Khan Advocate Mr. Irshad Ahmad Khan Advocate For the State :

Mr. AAG13-A.K.Chaudhary For the Respondents :

Mr. M. M. Parbat Sr. Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER (Per: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI) 08-09-2017 Heard learned counsel for the parties.

Intervener is the appellant against the order passed by the Learned Single Judge, but seems to be more of a mischief maker rather than a true representative of the village. From the narration of the facts and events, it seems that people like the appellant have been trying to torment and create impediments in the rightful and peaceful possession, including

Patna High Court LPA No.1906 of 2015(2) dt.08-09-2017 2/2 construction of a boundary wall on the plot of land. The right, title and interest of the private-respondent seems to have been tested in various proceedings, which have already been dealt with in detail in the impugned order and the same having been found in his favour, the Learned Single Judge has rightly given a direction upon the District Magistrate to provide logistic support to erect a boundarywall . The Court is informed that the boundary wall has already been made and the privaterespondent is in peaceful possession. In view of the above, no interference is required in the appeal. Appeal is dismissed.

However, the battle is wide open and the forums can be chosen by the appellant, if he so wants to proceed with, for nagging and harassing the private-respondent. (Ajay Kumar Tripathi, J) ( Rajeev Ranjan Prasad, J) skm/- U