Sudha Kumari vs The State Of Bihar Through Chief ...
2023 Latest Caselaw 1023 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Criminal Writ Jurisdiction Case No.342 of 2022
        Arising Out of PS. Case No.-140 Year-2021 Thana- HASANPUR District- Samastipur
     ======================================================

1. Sudha Kumari W/o Harihar Prasad Sharma Resident of Village and P.O.-

Rampur Rajwa, Ward No. 14, P.S.- Hasanpur, District- Samastipur

2. Harihar Prasad Sharma S/o Late Narayan Sharma Resident of Village and P.O.- Rampur Rajwa, Ward No. 14, P.S.- Hasanpur, District- Samastipur. Presently residing at Sri Krishnapur Road Number 1, Sonbarsha Chowk, P.S.- Samastipur Town, District- Samastipur ... ... Petitioner/s Versus

1. The State Of Bihar Through Chief Secretary, Govt. Of Bihar, Patna Bihar

2. The District Magistrate, Distric- Samastipur, Bihar Bihar

3. The Superintendent of Police, District- Samastipur, Bihar Bihar

4. The Sub Divisional Officer, Sub Division- Rosera, District- Samastipur Bihar

5. The Sub Divisional Police Officer, Sub-Division- Rosera, District-

Samastipur Bihar

6. The Circle Officer, Hasanpur, District- Samastipur Bihar

7. The Station House Officer, Hasanpur Police Station, Sub- Division- Rosera, District- Samastipur Bihar

8. Dinesh Thakur @ Supari Lal S/o Late Upendra Thakur Resident of Village and P.O.- Rampur Rajwa, Ward No. 4, P.S.- Hasanpur, District- Samastipur

9. Bablu Thakur S/o Dinesh Thakur @ Supari Lal Resident of Village and P.O.-

Rampur Rajwa, Ward No. 4, P.S.- Hasanpur, District- Samastipur

10. Ram Udgar sah S/o Late Ram Bahdur Sah Resident of Village and P.O.-

Rampur Rajwa, Ward No. 4, P.S.- Hasanpur, District- Samastipur

11. Pramod Sah S/o Late Ram Bahdur Sah Resident of Village and P.O.-

Rampur Rajwa, Ward No. 4, P.S.- Hasanpur, District- Samastipur

12. Dilip Sah S/o Late Ram Bahdur Sah Resident of Village and P.O.- Rampur Rajwa, Ward No. 4, P.S.- Hasanpur, District- Samastipur ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Mritunjay Kumar, Adv. For the Respondent/s : Mr. Md. Nadim Seraj, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL JUDGMENT Date : 16-03-2023

Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned

A.P.P. for the State.

The present writ application has been filed with

following reliefs:-

Patna High Court CR. WJC No.342 of 2022 dt.16-03-2023

a. For issuance of writ in the nature of Mandamus or

any other appropriate Writ/Order/Direction directing and

commanding the respondent no.6 the Circle Officer, Hasanpur

to take immediate action pursuant to the report of Rajashva

karmchari Hasanpur dated 02.08.2021 (Annexure-10) whereby

and where under it has been reported that the private

respondents have forcefully and illegally restraining the

petitioner from constructing boundaries upon his purchased land

by encroaching it.

b. For issuance of writ in the nature of Mandamus or

any other appropriate Writ/Order/Direction directing and

commanding the respondents to restore the possession of

petitioner who had been dispossessed forcibly and illegally from

the portion of land decreed in favour of petitioner no.1 vide

order dated 29.06.2013 passed by Learned Munsif, Rosera in

Title suit no. 83/2021.

c. For issuance of writ in the nature of Mandamus or

any other appropriate Writ/Order/Direction directing and

commanding the respondent no.7 to arrest the accused of

Hasanpur P.S. Case No.140/21 dated 10.07.2021 registered

under Sections 341,323, 504, 506 and 379.

d. For issuance of writ in the nature of Mandamus or

any other appropriate Writ/Order/Direction directing and

commanding the respondents to ensure the safety of life and

property of petitioner within the legal limits by taking proper

legal action against the miscreants and anti-social elements.

Patna High Court CR. WJC No.342 of 2022 dt.16-03-2023

Counsel for the petitioner seeks permission to dispose

of his writ petition in the light of order dated 09.09.2022 passed

in Cr. WJC No.153 of 2017 to file his representation before

Superintendent of Police (Respondent No.3).

Counsel for the State submits that petitioner may be

directed to represent before the Superintendent of Police who

shall take the needful in the light of observations made in Cr.

WJC No. 153 of 2017.

In this view of the matter, the present writ application

is disposed of with liberty to the petitioner that he may file his

representation before the respondent no.3 who shall pass

appropriate order and take action in the light of order passed by

the Hon'ble Court in the above said judgment.

With this direction, this writ application is hereby

disposed of.

(Dr. Anshuman, J.) prakashmani/-

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