Alka Singh v. The State Of Bihar Through The Principal Secretary, Department Of Home, Government Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.2121 of 2024 Arising Out of PS. Case No.- Year-0 Thana- District- Patna ====================================================== 1.
Alka Singh Wife of Sanjay Singh Advocate Patna High Court, resident and Office at Kailash Bhawan, P.S - Bahadurpur, District - Patna, currently residing at Flat No. 503, Block A, Patliputra Rail Parishar, P.S - Diggha, District - Patna 2.
Asha Singh Wife of Ravindra Kumar Singh Resident of Flat No. 503, Block A, Patliputra Rail Parishar, P.S - Digha, District - Patna 3.
Rishi Raj son of Ravindra Singh and Asha Singh resident of Flat No. 503, Block A, Patliputra Rail Parishar. P.S-Digha, District - Patna ... ... Petitioner/s
Versus
1.
The State of Bihar through the Principal Secretary, Department of Home, Government of Bihar Patna 2.
Director General Of Police, Bihar at Patna. Bihar 3.
The Senior Superintendent of Police, District Patna. Bihar 4.
The Superintendent of Police East - Patna, District - Patna Bihar 5.
The SDPO, Patna Sadar Bihar 6.
Officer-in-Charge, Bahadurpur, P.S Bahadurpur, District Patna. Bihar 7.
Pramod Kumar Singh Son of Late Awadh Nandan Singh Resident of Kailash Bhawan, P.S Bahadurpur, District - Patna 8.
Rita Singh Wife of Pramod Kumar Singh Resident of Kailash Bhawan, P.S Bahadurpur, District - Patna ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s : Mrs. Alka Singh, Adv.
For the Respondent/s : Mr. Saroj Kumar Sharma, AC to AAG-3 ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SINGH CHANDEL ORAL ORDER 08-10-2024 Heard learned counsel for both the parties.
2. It is submitted by learned counsel for the petitioners that petitioner No.1 is a practicing Advocate at this High Court and her house is situated at Kailash Bhawan,
2/4 Mauza- Sadikjogi, old Azimabad, Tauzi No.227, Khata No. 46, Survey Plot No. 217, Revenue Thana No. 09, P.S.-Sultangunj, District- Patna, where she is residing since 2016 and also running her office there. The entire materials likewise books and other articles related to her profession are kept there. He further submits that there is some dispute going on between the petitioner No.1 and respondents 2nd set and his two brothers, namely, Praveen Kumar Singh and Arvind Kumar Singh. In this regard, a civil suit is also filed and decreed by the learned Sub-Judge-XII, Patna vide order dated 21.12.2019. However, an appeal has been preferred against the said judgment and decree before this Court which is pending bearing No. F.A. No. 11 of 2020.
3. Learned counsel for the petitioners further submits that during pendency of the said appeal, suddenly without any authority, the respondent 2nd set dispossessed the petitioner No.1 from her house in question and put a lock on the door of the said premises. Since petitioner No.1 is a practicing lawyer of this Court and entire books and other articles related to her profession are kept there, she is refrained from carrying out her profession in absence of her supporting files, books and other related articles to her
3/4 profession, therefore, the petitioner No.1 made an application before the Superintendent of Police, Patna vide Annexure-5 but no action has been taken by the concerned Superintendent of Police till today.
4. At this stage, learned counsel for the State submits that the present petition may be disposed of giving liberty to the petitioners to make a fresh representation before the Senior Superintendent of Police, Patna i.e. respondent No.3 and in turn the respondent No.3 will consider and decide the same in accordance with the relevant Rules and law within a specific period fix by this Court.
5. The above proposal made by the learned counsel for the State is not opposed by the learned counsel appearing for the petitioner.
6. In such view of the matter and on the basis of submissions of both the parties, the present petition is disposed of. The petitioner is directed to make a fresh representation before the respondent No.3 i.e. the Senior Superintendent of Police, Patna today itself and in turn, the Senior Superintendent of Police, Patna is directed to take an appropriate action on the matter especially including the
4/4 restoration of office/chamber of the petitioner No.1 in accordance with the relevant Rules and law.
7. With the aforesaid observation and direction, this writ petition stands disposed of.
(Arvind Singh Chandel , J) brajesh/- U