Rio @ Md. Rio v. The State Of Bihar Through Principal Secretary Home Department, Patna Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.1795 of 2019 Arising Out of PS. Case No.- Year-0 Thana- District- Patna ====================================================== RIO @ MD. RIO Son of Md Taffajul Hussain R/O - G.S.R. Apartment, Flat No. 302, Ranipur Road, Alwa Colony, P.S.- Phulwarisharif, District- Patna ... ... Petitioner/s

Versus

1.

The State Of Bihar Through Principal Secretary Home Department, Patna Bihar 2.

Principal Secretary, Home Department, Patna (Bihar) 3.

Director General of Police, Patna (Bihar) 4.

Inspector General of Police, Patna 5.

Deputy Inspector General of Police, Patna 6.

Senior Superintendent of Police, District- Patna 7.

Superintendent of Police, Town, District- Patna 8.

Inspector of Police, Circle-Phulwarisharif 9.

Station House Office, Phulwarisharif 10.

Annu Kumari Wife of Shri Ranjit Rajak Resident of Mohalla - Anandpuri, P.O. and P.S.- Khagaul, District- Patna 11.

Shri Ranjit Rajak Son of Unknown Resident of Mohalla - Anandpuri, P.O. and P.S.- Khagaul, District- Patna 12.

Md. Sultan Son of Md. Idris Resident of Railway Quarter No. 796, Loco Colony, P.O. and P.S.- Khagaul, District- Patna 13.

Md. Shaid Son of Unknown (Nephew of Md. Sultan) Resident of Railway Quarter No. 796, Loco Colony, P.O. and P.S.- Khagaul, District- Patna ... .. Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Amrendra Kumar For the Respondent/s :

Mr.Sheo Shankar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL JUDGMENT Date : 07-01-2020 Heard learned counsels appearing for the parties. The present writ application has been filed seeking direction to remove the illegal possession made by respondent nos. 10 to 13 over house flat no. 302, G.S.R. Apartment, Ranipur Road, Alwa Colony, P.S. Phulwarisharif, District- Patna, in

Patna High Court CR. WJC No.1795 of 2019 dt.07-01-2020 2/2 connivance with respondent nos. 8 and 9 as the same belongs to mother of petitioner and petitioner was living in the said flat/house.

It is submitted that mother of the petitioner is the genuine owner of the flat in question vide registered sale deed from GSR Builder (Developer), Patna as is evident from the copy of the sale deed enclosed as Annexure-5 to this application. From perusal of the record, it appears that the dispute involved between the parties is with regard to title and possession of a flat, which is purely civil in nature and for such settlement of such claim or dispute petitioner has an alternative remedy of moving before the competent Court below, which the petitioner has not availed.

In view of the discussions made above, this Court is not inclined to interfere in the matter in exercise of its extra ordinary writ jurisdiction under Article 226 of the Constitution of India, as it has not been satisfactorily shown that the petitioner has no other alternative remedy for redressal of his grievances. The writ petition, accordingly, stands dismissed. (Arvind Srivastava, J) mcv/- AFR/NAFR NAFR CAV DATE Uploading Date Transmission Date