Usha Rani v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.1016 of 2014 ======================================================

1. Usha Rani Wife of Shailendra Kumar resident of Mohalla- Ward No.-1, Desai Padi, Main Road, Mokama, Police Station- Mokama, District- Patna .... .... Petitioner/s

Versus

1. The State of Bihar

2. The Director General of Police Bihar, Patna

3. The Superintendent of Police (Rural) Patna

4. The Deputy Superintendent of Police Barh, Patna

5. The Officer-In- Charge Mokama Police Station, District- Patna

6. The Sub-Divisional Officer Barh, Patna

7. The Executive Officer Nagar Parishad, Mokama, District- Patna

8. Mahol Singh @ Rajiv Singh Son of Late Uma Shankar Singh

9. Binod Singh Son of Yugal Kishore Singh

10. Shita Singh Son of Yugal Kishore Singh

11. Bhushan Singh Son of Yugal Kishore Singh

12. Manoj Singh Son of Bhushan Singh All 8 to 12 are resident of MohalalWard No.-1, Desai Padi, Mokama, Police Station- Mokama, District- Patna .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Manish Kumar No-2 For the Respondent/s : Mr. S.K.Sharma(Ga-11) ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 24-04-2015 The present application has been filed for a direction to the respondent- authority to take action against private respondent nos. 8 to 12 for forcibly grabbing the land of the petitioner and for taking action against the local police for not entertaining the petitioner's application as well as for directing the Sub-divisional Officer, Barh to make mesurement against the private respondents for having opened the widow in the land of the petitioner.

2. After some arguments, learned Senior Counsel for the petitioner has invited the attention to the letter no. 147, dated

Patna High Court Cr. WJC No.1016 of 2014 (3) dt.24-04-2015 2/2 11.02.2014 written by the Executive Officer , Nagar Parishad, Mokama (respondent no.7) almost a year ago to the Officer Incharge, Mokama Police Station (respondent no.5) to depute police personnel to enable measurement to be made upon the land in question upon which respondent no.5 appears to have endorsed that the police party would be deputed for measurement. It is stated that measurement could not be done as no police party was made available. It is submitted on behalf of the petitioner that despite the aforesaid assurance, the boundary wall of the petitioner has been demolished and windows opened in the godown inside the land of the petitioner.

In that view of the matter, it will be open to the petitioner to approach respondent no.7 and follow up the matter of measurement if not completed till date. In case respondent no.7 requires police personnel to accompany it would be at liberty to make requisition for the same. Needless to say, in such event respondent no.5 will act in discharge of his duty in accordance with law.

The writ petition stands disposed of.

(Vikash Jain, J) singh/- U T