Manoj Kumar Sharma @ Lalan Jee @ Lalan Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.21893 of 2019 ====================================================== Manoj Kumar Sharma @ Lalan Jee @ Lalan Singh S/O Late Krishnadeo Thakur, resident of Village- Repura, P.S. Tajpur (Waini O.P.), DistrictSamastipur and presently residing at Mohalla- Kashipur (Karimabagh/ Magardahi) Ward No. 9, P.S.- Samastipur (Town), Town and DistrictSamastipur. ... ... Petitioner/s
Versus
1.
The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2.
The Principal Secretary, Department of Home, Government of Bihar, Patna. 3.
The Secretary, Department of Revenue and Land Reforms, Government of Bihar, Patna.
4.
The District Magistrate, Samastipur.
5.
The Sub-Divisional Officer, Samastipur.
6.
The Circle Officer, Samastipur.
7.
Suresh Prasad, Son of Late Ram Narayan Prasad, resident of VillageNikaspur, P.S. Tajpur, District- Samastipur. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Suneil Kumar Thakur For the Respondent/s :
Mr.Raj Kishore Roy (GP18) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 07-11-2019 Heard both sides.
The petitioner seeks quashing of Annexure-5 issued under the signature of Sub-Divisional Officer, Samastipur by which the petitioner was advised that he should obey the undertaking given by him before the Magistrate and police officer.
On perusal of Annexure-5, it appears that it is simply an advisory to the party not to create any problem for possession
Patna High Court CWJC No.21893 of 2019(2) dt.07-11-2019 2/2 of the land. Admittedly, the suit is pending. Mere giving of an undertaking before the police is only with a view to maintain peace and the party shall not take the law in their own hands. The parties are at liberty to seek their grievance in the pending suit.
With this observation, I do not find any merit in this writ petition. Accordingly, the same is dismissed. (Prabhat Kumar Jha, J) Saurabh/- U