Ramesh Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15730 of 2022 ====================================================== Ramesh Ray, Son of Shyam Yadav @ Late Shyam Babu Ray, Resident of Mohalla-Patthar Ghat, Police Station-Malsalami, Patna City, District-Patna. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Principal Secretary, Revenue and Land Reforms Department, Government of Bihar, Patna.

3.

The District Magistrate, Patna.

4.

The Senior Superintendent of Police, Patna.

5.

The Circle Officer, Patna Sadar, District-Patna. 6.

The Station House Officer, Police Station-Malsalami, District-Patna. 7.

Ashok Gope, son of Late Khuddi Roy, Resident of Mohalla-Patthar Ghat, Police Station-Malsalami, Patna City, District-Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Diwakar Yadav, Advocate For the State :

Mr.Rishi Raj Sinha ( SC 19 ) Mr. Saurabh Kumar, AC to SC-19 ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 21-09-2023 Heard learned counsel for the petitioner and learned counsel for the State.

2. The present petition has been filed for directing respondent No.3 to take action against respondent No.7 who according to the petitioner is a veteran criminal of the locality. He also wants that respondent No.7 be directed to vacate his raiyati land bearing Plot No. 73, Seat NO.262, Ward No.30, Circle No.209, Tauzi No.14, Village/ Mohalla-Marufganj, Pargana- Azimabad, P.S. -Malsalami, Circle-Patna Sadar, Patna.

Patna High Court CWJC No.15730 of 2022(3) dt.21-09-2023 2/2

3. The petitioner has further prayed that a direction may be given to take legal action on the representation dated 26.09.2022 filed by the petitioner.

4. From the said representation, it transpires to this Court that the petitioner has filed an application before the District Magistrate, Patna alleging therein illegal capturing of his house and shop by respondent No.7 but the police in collusion with respondent no.7 has not registered his case.

5. In that view of the matter, the petitioner is directed to file a case under Section 156(3) of the Code of Criminal Procedure before the Chief Judicial Magistrate/Additional Chief Judicial Magistrate against respondent No.7 for lodging a criminal case as well as to take further legal steps for vacating his land.

6. With the above observation and direction, the present petition stands disposed of.

(Dr. Anshuman, J) Ashwini/- U