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Patna High Court - Orders

Shambhu Kumar Tandan vs The State Of Bihar on 28 June, 2024

Author: Mohit Kumar Shah

Bench: Mohit Kumar Shah

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.8329 of 2023
                 ======================================================
                 Shambhu Kumar Tandan Son of Late Vishwamabhar Nath Tandon, Resident
                 of Dharamshala Gali, Chowk, P.S.- Jhauganj, Patna City, Town and District-
                 Patna, Presently residing at Harihar Apartment, Divyayan Down Krishnapuri,
                 Morabadi, Ranchi (Jharkhand).

                                                                              ... ... Petitioner/s
                                               Versus
           1.    The State of Bihar through the Chief Secretary, Govt. of Bihar, Old
                 Secretariat, Patna.
           2.    The District Magistrate, Patna.
           3.    The Senior Superintendent of Police, Patna.
           4.    The Officer-in-Charge, Jahauganj Police Station, P.S.- Jhauganj, Patna City,
                 District- Patna.
           5.    Mukesh Kochar S/o Sri Premchand Kochar Food World, Boring Canal
                 Road, Patna.
           6.    The Religious Trust Board, Bihar through the Chairman

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :       Mr.Bipin Bihari Singh, Adv.
                 For the State          :       Mr.Md. Nadim Seraj (GP-5)
                 For the Resp. No.5     :       Mr.Apurv Harsh, Adv.
                                                Mr.Manu Tripurari, Adv.
                                                Mr.Raghu Raj Pratap, Adv.
                                                Mr.Gaurav Sharma, Adv.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
                                       ORAL ORDER

5   28-06-2024

1. The present writ petition has been filed seeking the following relief(s):-

"1. That, present writ petition is for issuance of an appropriate writ/writs in nature of Mandamus for commanding and directing the District Administration especially the District Magistrate, Patna as well as Senior Superintendent of Police equally to provide protection of life, personal liberty including properties, which are Constitutional rights Patna High Court CWJC No.8329 of 2023(5) dt.28-06-2024 2/2 guaranteed under Article 21 read with 300A of the Constitution considering title, possession and enjoyment of lawful holders of lands in terms of decision rendered by learned 4th Additional Munsif, Patna on 20.02,1980 in Title Suit No.1972/2376 in case of Sri Laxmi Narayan Jee through Sri Ram Prasad Vs. Vishambhar Nath Khatri and others deciding the same in favour of his ancestors with cost, but unsocial elements were adamant to forcefully capture/encroach his property on point of muscle, manpower and money ignoring title and possession of land when no one can dispossess when procedure established by law."

2. At the outset, the learned counsel for the petitioner seeks not to press the present writ petition, however, seeks liberty on behalf of the petitioner to avail such other alternative remedies as are otherwise available under the law, for redressal of his aforesaid grievances. Liberty so sought is granted.

3. The writ petition stands dismissed.

(Mohit Kumar Shah, J) sonal/-

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