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Patna High Court

Vikram Deo Singh vs The State Of Bihar Through The Director ... on 10 July, 2019

Author: Ashwani Kumar Singh

Bench: Ashwani Kumar Singh

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Criminal Writ Jurisdiction Case No.270 of 2017
                     Arising Out of PS. Case No.- Year-1111 Thana- District-
     ======================================================
     Vikram Deo Singh, Son of Late Ram Sewak Singh, Resident of Village-
     Tenduni, P.S.-Bikramganj, District-Rohtas, currently residing at Kautilya
     Nagar, P.S.- Shastri Nagar, District- Patna.
                                                                   ... ... Petitioner
                                          Versus
1.    The State of Bihar through the Director General of Police, Bihar, Patna.
2.   The Superintendent of Police, District- Rohtas.
3.   The District Magistrate, Rohtas, Bihar.
4.   The S.H.O., P.S.- Bikramganj, Rohtas.
5.   The Sub-Divisional Magistrate, Bikramganj, Rohtas.
6.   The Circle Officer, Bikramganj, Rohtas.
7.   Rajendra Mishra,
8.   Awadhesh Mishra, Respondent Nos. 7 and 8 are sons of Late Baldeo Mishra,
     Resident of Village- Morauna, P.S.- Bikramganj, District- Rohtas.
9.   Gorakhnath Dubey,
10. Ramadhar Dubey, Respondent Nos. 9 and 10 are sons of Late Baikuntha
     Dubey, Resident of Village- Andhar, P.S.- Suryapura, District- Rohtas.
                                                               ... ... Respondents
    ======================================================
     Appearance :
     For the Petitioner      :         Mr. Anuj Kumar, Advocate
     For the Respondents-State:        Md. Nasrul Huda Khan, SC-1
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH
     ORAL JUDGMENT

Date : 10-07-2019 In the instant application preferred under Articles 226 and 227 of the Constitution of India, the prayer of the petitioner in para 1 is as under:-

(A) In the nature of mandamus and / or any other appropriate writ/s, order/s, direction/s for commanding the respondent authorities for the following rliefs:-
(i) To discharge their statutory duty conferred upon them by the Constitution of India and other statutes.

Patna High Court CR. WJC No.270 of 2017 dt.10-07-2019 2/2

(ii) To protect the land of the petitioner appertaining to Mauza-Tenduni, Thana No. 500, Khata No. 281, Plot No.2125, Rakwa -0.04 decimal, from Respondent Nos. 7-10, and other anti-social elements who are intending to capture the said plot of the petitioner, despite he being the legal title and possession holder of the said plot.

(iii) To hold that the respondent authorities, under Article 300A, are under obligation to protect the properties of all citizens of India.

(iv) To protect the property of the petitioner from being captured by the Respondent No.7-10 and other anti-social elements and ensure that the petitioner is able to lead his life with dignity and freedom as enshrined under Article 21 of the Constitution of India.

(v) To guarantee equality before law and equal protection to the petitioner as guaranteed under Article 14 of the Constitution of India. (B) To any other relief/s to which the petitioner is found entitled to.

It is submitted by the learned counsel for the petitioner that due to efflux of time, the application has become infructuous.

In view of the submission made above, the application is dismissed.

(Ashwani Kumar Singh, J.) Sanjeet/-

AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          11.07.2019
Transmission Date       NA