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Patna High CourtCWJC/170/2024allowed

Sonelal Choudhary v. The State Of Bihar

2024-01-16Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.170 of 2024 ====================================================== Sonelal Choudhary S/o Late Dauni Choudhary, Resident of Mohalla- Purab Bazar, Saharsa, P.S.- Saharsa Town and District- Saharsa. ... ... Petitioner/s

Versus

1.

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

The Superintendent of Police, Saharsa.

3.

Parichari Parwar, Police Line, Saharsa.

4.

The S.D.O., Sadar, Saharsa.

5.

The Circle Officer, Kahara Circle, District- Saharsa. 6.

The Circle Officer, Sattar Katia Circle, District- Saharsa. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Madhu Prasun For the Respondent/s :

Mr. Dhurjati Prasad CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 16-01-2024 1.

Heard the learned counsel for the parties.

2.

This application has been filed for commanding the respondents to make immediate compliance of decree dated 22.06.2011 passed in Title Suit No. 258 of 2008 by the learned Sub-Judge-I, Saharsa which has deliberately not complied till date in spite of several directions by the court below. 3.

The Sub-Judge-I, Saharsa will issue a fresh D.P. for execution of the decree dated 22.06.2011 passed in Title Suit No. 258 of 2008 within four weeks from the date of receipt/production of a copy of this order.

4.

The Nazir will communicate the issuance of delivery of

Patna High Court CWJC No.170 of 2024(2) dt.16-01-2024 2/2 possession and the requirement of Police force to the District Magistrate, Saharsa and the Superintendent of Police, Saharsa and thereafter on the date fixed for delivery of possession, the decree must be executed by the authorities.

5.

A Court's decree cannot be defeated by some female/s, who claims themselves to be Mahadalit.

6.

With the aforesaid observation and direction, this application is allowed.

7.

Let a copy of this order be communicated to the District Judge, Saharsa, District Magistrate, Saharsa and the Superintendent of Police, Saharsa through FAX for its compliance forthwith. The compliance report be sent to this court.

(Sandeep Kumar, J) Shishir/- U