Ajay Sada v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.459 of 2024 ====================================================== Ajay Sada Son of Ramchandra Sada, Resident of Mohalla- Bherdhari, Patuaha, Old Ward No.- 36 and New Ward No.36/21, Police Station and District- Saharsa, Pin Code-852202.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary Department of Home, Government of Bihar, Patna.

2.

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

3.

The Director General of Police, Government of Bihar, Patna. 4.

The District Magistrate cum Collector, Saharsa. 5.

The Superintendent of Police, Saharsa.

6.

The Additional District Magistrate (A.D.M.) cum Additional Collector, Saharsa.

7.

The Deputy Commissioner of Land Reforms (D.C.L.R.), Saharsa. 8.

The District Sub-Registrar, Saharsa.

9.

The Sub Divisional Magistrate/Officer, Sadar, Saharsa. 10.

The Deputy Superintendent of Police, Sadar, Saharsa. 11.

The Circle Officer, Circle Office, Kahara, Saharsa. 12.

The Officer-Incharge/S.H.O. Sadar, Saharsa.

13.

Mithilesh Kumar Jha, (Ex-ward Commissioner of Ward No.36/21), P.S. and District- Saharsa, (Bihar), resident of Patuwaha, Ward No.36/21, P.S. and District- Saharsa, Bihar.

14.

Runiya Devi, Wife of Chandeshwari Sada Resident of Patuwaha, Ward No.36/21, P.S. and District- Saharsa, Bihar.

15.

Pravesh Sada, Son of Tribhuwan Sada Resident of Patuwaha, Ward No.36/21, P.S. and District- Saharsa, Bihar.

16.

Bijendra Sada, Son of Phagu Sada Resident of Patuwaha, Ward No.36/21, P.S. and District- Saharsa, Bihar.

17.

Pinku Sada, Son of Rajendra Sada Resident of Patuwaha, Ward No.36/21, P.S. and District- Saharsa, Bihar.

18.

Budhiya Sada, Son of Upendra Sada Resident of Patuwaha, Ward No.36/21, P.S. and District- Saharsa, Bihar.

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

For the Petitioner/s :

Mr.Bhairaw Nand Sharma, Advocate For the Respondent/s :

Mr. Hitesh Suman, AC to SC-13 For the Respondent No. 13 :

Mr. Amarnath Jha, Advocate

Patna High Court CWJC No.459 of 2024(3) dt.21-10-2024 2/3 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 21-10-2024 The present writ petition has been filed seeking the following reliefs:- "1.(i) For issuance of Writ of Mandamus commanding and directing the concerned respondents to make enquiry and direct the authority concerned (i.e. the respondent no.11) to reject the Mutation Case No.4671/2023, pending before the Respondent No.11, on the ground that the sale deed no.17613/18-10-2023 (Annexure-P/6) has been executed by those who are not the members of the petitioner family and they have no legal right to sell the land in question, bearing Jamabandi No.16, Old Khata No.64, Old Kheshra No.500, Area 19.65 decimals and moreover, there has been no transfer of consideration amount.

(ii) For issuance of Writ of Mandamus directing and commanding the respondents to take appropriate action by lodging/registering F.I.R. against the respondents no.13 to 18, in light of application filed by the petitioner before the respondent (i.e. AnnexureP/8 series). (iii) For issuance of Writ of Mandamus directing and commanding the

Patna High Court CWJC No.459 of 2024(3) dt.21-10-2024 3/3 respondents to protect the life and property of the petitioner and his family members."

2.

At the outset, the learned counsel for the petitioner seeks not to press the present writ petition, however, seeks liberty on behalf of the petitioner to avail such other alternative remedies as are otherwise available under the law, for redressal of the aforesaid grievances. Liberty, so sought, is granted.

3.

The writ petition stands dismissed.

(Mohit Kumar Shah, J) S.Sb/- U