Smt. Nirmala Sinha (Aadhar - 366950307991) v. The State Of Bihar Through The Chief Secretary, Govt. Of Bihar, Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.142 of 2025 Arising Out of PS. Case No.- Year-0 Thana- District- Patna ====================================================== Smt. Nirmala Sinha (Aadhar - 366950307991) Wife of Late Lalit Lal Resident of H. No.19, Montessori School Lane, Opposite Karlo Maaruti Arena, P.S. - S.K. Puri, Boring Road, Patna - 800001 (Bihar) ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna Bihar 2.

The Principal Secretary, Department of Home Affairs, Govt. of Bihar, Patna Bihar 3.

The Director General of Police, Bihar, Patna 4.

The Senior Superintendent of Police, Patna Sadar, Patna 5.

The Dy. S.P. Sachivaalye-2, Patna Bihar 6.

The District Magistrate, Patna Sadar, Patna 7.

The Sub Divisional Officer, Patna Sadar, Patna 8.

The S.H.O. of S.K. Puri Police Station, Patna 9.

Anil Prakash Son of Late Lalit Lal Resident of H. No.19, Eastern Side of the Second Floor, Montessori School Lane, Opposite Karlo Maaruti Arena, P.S. - S.K. Puri, Boring Road, Patna - 800001 (Bihar) 10.

Arun Prakash Resident of H. No.19, Montessori School Lane, Opposite Karlo Maaruti Arena, P.S. - S.K. Puri, Boring Road, Patna - 800001 (Bihar) Western side of the Ground Floor 11.

Prakash Abhishek Son of Anil Prakash Resident of H. No.19, Western Side of the Second Floor, Montessori School Lane, Opposite Karlo Maaruti Arena, P.S. - S.K. Puri, Boring Road, Patna - 800001 (Bihar) ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rupesh Kumar For the Respondent/s :

Mr. G.P.26 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 03-07-2025 Heard the parties.

2. The petitioner has filed this present criminal writ application for the following reliefs:

"(i) for issuance of writ/writs,

2/4 order/orders, direction/directions in the nature of MANDAMUS commanding the respondents authorities to take appropriate action against the private respondents and evict the private respondents from the house of the petitioner, who is old widow senior citizen lady, and owner of the property bearing house no. 19, Rakwa-2, Katha, Khata No.

51, Kesra No. 932, Thana-3, Tauji- 5453, Holding No. 616/417, Circle No. 247, Ward No. 23 which was purchased by the late husband of the petitioner and petitioner has got the same through registered will dated 13.03.2020 executed by her husband Late Lalit Lal (deed no.66 in Book No. 3, Volume No. 2) and the private respondents No. 9, 10 and 11 along with their wifes and children have been disposes from the entire movable and immovable self-acquired property by the affidavit No. 149/09-10-2020; which was published in Daily NEWSPAPER "AAJ"

dated 22.10.2020 (Thursday) in Patna edition.

(ii) For commanding these respondents authorities to take appropriate legal action against the private respondents No. 9 to 11, who are doing torturing, beating, abusing and threatening and trying to kill the petitioner by their criminal act, for which several complaint/F.I.R. (detailed below) has been filed by the petitioner.

(iii) For directing the respondents-authorities since petitioner seeks the intervention of this Hon'ble Court for the protection and enforcement of the fundamental rights guaranteed

3/4 under Article-21 of the Indian Constitution, specifically the "right to live with dignity" the right to privacy" "right to speedy trial" and the constitutional "right to property" under Article-300A of Constitution of India.

(iv) For commanding these respondents authorities to take necessary actions on the complaint/F.I.R. lodged by the petitioner against the private respondents No. 9 to 11 and also disposes the private respondents from the property of the petitioner since petitioner is having threat of her life and property from the private respondents specially respondent No. 9 to 11, who always trying to kill the petitioner and wants to grab the entire property after throwing the petitioner out of her house due to the old age and no support to her.

(v) For commanding these respondents authorities to take necessary actions on the private respondents No. 9 to 11, for their criminal act with the petitioner.

(vi) For commanding these respondents authorities to cooperate with the petitioner on the complaint filed by petitioner and also direct them not to came into influence of Respondent No. 9 who was working in Home Department and also direct the police/respondents to do not ill treat with petitioner in night time entry in her house as done by them in past, without compliance necessary procedure as not entering their visit in station diary and without any written complaint.

(vii) For issuance of writ/s,

4/4 order/s, direction/s to the private respondents No. 9 to 11 for the mesne profit to be given to the petitioner.

(viii) For any other relief/reliefs as your lordship may deem fit and proper in the facts and circumstances of this case."

3. This application is disposed of with liberty to the petitioner to move before the Sub Divisional Magistrate, Patna for redressal of his grievances under the Senior Citizen Act, 2007. If such an application is filed, the same shall be considered and disposed of expeditiously within a period of three month.

(Sandeep Kumar, J) Ranjeet/- U T