Janardan Prasad Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1241 of 2020 ====================================================== Janardan Prasad Singh Son of Late Ayodhya Prasad Singh, Resident of Village- Harpur Mosadpur, Tilrath, P.S. Barauni Refinery O.P., Dist.- Begusarai.

... ... Petitioner/s

Versus

1.

The State of Bihar represented through The Chief Secretary, Govt. of Bihar, Patna.

2.

The Principal Secretary, Department of Social Welfare, Govt. of Bihar, Patna.

3.

The District Magistrate, Begusarai.

4.

The Superintendent of Police, Begusarai.

5.

The Sub-Divisional Magistrate-cum-Chairman, Maintenance Tribunal, Begusarai.

6.

Assistant Director, Social Security, Begusarai. 7.

The Officer-In-Charge, Barauni Refinery O.P. Dist. Begusarai. 8.

Krishna Prahlad Singh, S/o Janardan Prasad Singh, Resident of Village - Harpur, Mosadpur, Post Office- Tilrath, P.S. Barauni, Refinery, O.P., Dist. Begusarai.

9.

Mala Sinha, W/o Krishna Prahlad Singh, Resident of Village- Harpur, Mosadpur, Post Office- Tilrath, P.S. Barauni, Refinery, O.P., Dist. Begusarai. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vivekanand Prasad Singh, Advocate For the Respondent/s :

Mr.Smt. Kumari Amrita (Gp3) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 01-07-2022 The present writ petition has been filed seeking the following reliefs :- "(a) Issuance of order/orders, direction/ directions, writ/ a writ of Mandamus commanding the respondent authorities (respondent no. 3 and 4) to immediately take needful action for eviction of private respondents no. 8 and 9 from the house of the

Patna High Court CWJC No.1241 of 2020(2) dt.01-07-2022 2/3 petitioner by exercising powers prescribed under chapter(v) of the Maintenance and Welfare of Parents and Senior Citizen Act, 2007 and under Rule 21 and 22 framed thereunder in the year 2012.

(b) Issuance of order or appropriate writ directing the respondents to immediately take comprehensive action plan for providing protection of life and property to the petitioner."

It is submitted that upon a complaint filed by the petitioner, respondent no. 5 i.e. Sub-Divisional Magistrate-cumChairman, Mantenance Tribunal, Begusarai has initiated proceeding bearing case no. 5 of 2017-18, which is still pending adjudication, hence the same be directed to be expedited and in the meantime, the Superintendent of Police, Begusarai be directed to provide protection to the petitioner herein who is an old and indigent person.

The learned counsel for the respondents submits that the respondent no. 5 shall definitely pass appropriate orders without being prejudiced by the stand taken by the respondents no. 8 and 9.

Having regard to the facts and circumstances of the case, the present writ petition stands disposed off with a

Patna High Court CWJC No.1241 of 2020(2) dt.01-07-2022 3/3 direction to the respondent no. 5 to conclude the proceedings of the aforesaid case no. 5 of 2017-18, by passing appropriate order, in accordance with law, within a period of eight weeks of receipt/ production of a copy of this order. It is needless to state that in case, the petitioner approaches the Superintendent of Police, Begusarai for grant of appropriate protection/ redressal of his grievances, the Superintendent of Police, Begusarai shall examine the same and take appropriate action, in accordance with law.

(Mohit Kumar Shah, J) rinkee/- U