Nawal Kishore Kumar v. The State Of Bihar Through The Principal Secretary Home Deptt. Govt. Of Bihar , Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.39 of 2020 Arising Out of PS. Case No.-9 Year-2018 Thana- PARWALPUR District- Nalanda ====================================================== Nawal Kishore Kumar, S/o Late Surendra Singh R/o village- Dariapur, P.S.- Parwalpur, Distt.- Nalanda ... ... Petitioner/s

Versus

1.

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

The Director General of Police, Bihar, Patna Bihar 3.

The Additional Director General of Police (L and O), Bihar, Patna Bihar 4.

The District Magistrate Nalanda, P.S. and District- Nalanda Bihar 5.

The Superintendent of Police Nalanda, P.S. and Distt.- nalanda Bihar 6.

The Subdivisional Officer Nalanda, P.S. and Distt.- Nalanda, At- Biharsharif Bihar 7.

The Circle Officer Parwalpur P.S. Parwalpur, Distt.- Nalanda Bihar 8.

The Station House Officer Parwalpur, P.S.- Parwalpur, Distt.- Nalanda Bihar 9.

Indradeo Bind S/o Late Ganauri Bind R/o village- Lodipur, P.S.- Parwalpur, Distt.- Nalanda 10.

Baleshwar Bind S/o Late Laxmi Bind R/o village- Lodipur, P.S.- Parwalpur, Distt.- Nalanda 11.

Ram Jatan Bind S/o Late Puna Bind R/o village- Lodipur, P.S.- Parwalpur, Distt.- Nalanda 12.

Teri Bind S/o Late Ramdeo Bind R/o village- Lodipur, P.S.- Parwalpur, Distt.- Nalanda 13.

Manik Bind S/o Lakhan Bind R/o village- Lodipur, P.S.- Parwalpur, Distt.- Nalanda 14.

Bishnudeo Bind S/o Late Pairu Jamadar R/o village- Lodipur, P.S.- Parwalpur, Distt.- Nalanda 15.

Dhaneshwar Bind S/o Ramswaroop Bind @ Ghoghari Bind R/o villageLodipur, P.S.- Parwalpur, Distt.- Nalanda 16.

Sapendra Bind S/o Late Lakhan Bind R/o village- Lodipur, P.S.- Parwalpur, Distt.- Nalanda ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Dr. Anjani Pd. Singh, Adv.

For the State :

Mr.Md. Harun Quareshi, AC to SC-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER

Patna High Court CR. WJC No.39 of 2020(3) dt.19-02-2021 2/3 19-02-2021 Petitioner in the present case is looking for a direction to the official respondents to provide him adequate protection for his life and property. It is alleged that the respondents 2nd set has been threatening the petitioner of his life and property. Learned counsel for the petitioner has taken this Court through the various orders passed by the statutory authorities, one of which is an order passed by the learned Deputy Collector Land Reforms, Hilsa (Nalanda) in Land Dispute Case No.25 of 2018-19. Learned counsel submits that the order passed by the learned DCLR has attained finality as no appeal has been preferred against the said order.

According to the learned DCLR the opposite parties have got no documents in respect of the land in dispute and they had never been in possession of the said land. The learned DCLR has also held that the claim of the opposite parties as regards the land in question are baseless. Some directions have also been issued to the Circle Officer, Parwalpur to ensure that Gairmazarua Aam Land and the Rasta shall be free from any encroachment.

Learned counsel for the State submits that in the given facts and circumstances of the case the petitioner may approach the Superintendent of Police, Nalanda who may look into the matter and take an appropriate view on the same.

Patna High Court CR. WJC No.39 of 2020(3) dt.19-02-2021 3/3 Having regard to the facts and circumstances of the case, this writ application is being disposed off with liberty to the petitioner to make an appropriate representation before the Superintendent of Police, Nalanda who will look into the grievance of the petitioner and shall ensure adequate measures to safeguard the life and property of the petitioner. If such a representation is filed, a decision on the same shall be taken by the Superintendent of Police, Nalanda (respondent no.5) within a period of six weeks from the date of submission of the representation.

It is made clear that this Court has not gone into the rights and claims of the petitioner and has only referred the order passed by the learned DCLR which are the materials prima-facie on which the petitioner has placed reliance. This writ application stands allowed to the extent indicated hereinabove.

(Rajeev Ranjan Prasad, J) arvind/- U T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.