Md. Irfan Alia @ Md. Irfan v. The State Of Bihar, Through Its Chief Sectt., Govt. Of Bihar , Old Secretariat, Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.1521 of 2019 Arising Out of PS. Case No.- Year-0 Thana- District- Katihar ====================================================== MD. IRFAN ALIA @ MD. IRFAN Son of Late Md. Jichchhu Resident of Village - Sanjha, P.O.- Sanjha, P.s.- Mansahi, Distt.- Katihar. ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR, THROUGH ITS CHIEF SECTT., GOVT. OF BIHAR , OLD SECRETARIAT, PATNA 2.

The Home Commissioner, Government of Bihar Old Secretariat, Patna. Bihar 3.

The Director General of Police, Government of Bihar, Old Secretariat at Patna.

4.

The Superintendent of Police, Katihar.

5.

The S.H.O. Sahayak Police Station, Katihar.

6.

The Sub-divisional Officer, Katihar, Distt.- Katihar. 7.

The Collector Cum District Magistrate , Katihar. 8.

Md. Ali Son of Late Md. Jichchhu, Resident of Village - Sanjha, P.O.- Sanjha, P.S.- Mansahi, Distt.- Katihar.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Amrendra Kumar Shrivastawa For the Respondent/s :

Mr.Sheo Shankar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 24-04-2023 Heard learned counsel for the parties.

This application has been filed for directing respondent no.4 to interfere and to stop the construction of the house which is being made by Md. Ali since that is the property of the petitioner also not his alone related to Thana No. 98, Tauzi No. 1172; ward No. 39; Khata No. 176, khesra no. 429 area 1 ayar 70 points Jamabandi no. 2698.

This writ petition is filed mala fide because the

Patna High Court CR. WJC No.1521 of 2019(3) dt.24-04-2023 2/2 petitioner had already lost title suit and the decree of title suit has been executed against him. The only contention of learned counsel for the petitioner that he has not being the given the order of the title suit by the respondent no. 6. It seems that petitioner is trying to mislead this Court. All the documents of the title suit and the execution can be found out in the Civil Court. The petitioner can approach the Civil Court for certified copy of the everything what he wants.

The petitioner will apply for the plaint and the decree of Title Suit No. 236 of 2011 disposed of by judgment dated 28.02.2014 in Title Suit No. 236 of 2011, Katihar and the Execution Case No. 19 of 2014.

The petitioner will approach the Registrar of Katihar Civil Court who will oblige to see that the petitioner gets the certified copy of all the documents which can be given under law.

Accordingly, this application is disposed of. (Sandeep Kumar, J) Ranjeet/- U T