Disposed¶32

Sunil Kumar v. The State of Bihar

Patna HC26 Feb 2024CWJC/2882/2024

Case brief

AI extract

What is this about?

CWJC 2882/2024, Patna High Court, Sandeep Kumar, J, 26-02-2024; Sunil Kumar / Khistiz Agrotech Pvt. Ltd. bio-fertilizer unit, Nehusa, Harnaut, Nalanda; alleged police locking of unit on 29.1.2024; SHO Harnaut; State submission that premises not sealed and no legal impediment; allegation of circumventing criminal case; Jamabandi Cancellation Case no. 13/2023-24 before Additional Collector, Nalanda filed by Raj Kishore Sinha; coercive-action restraint sought; application disposed with liberty to deal with property in accordance with law.

What did the court decide?

Liberty to the petitioner to deal with his property in accordance with law, the Court recording that there is no legal impediment on the part of the administration. ¶32

Sunil Kumar Vs The State of Bihar — Patna HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Liberty to the petitioner to deal with his property in accordance with law, the Court recording that there is no legal impediment on the part of the administration.

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Issue for consideration

Whether the SHO, Harnaut (respondent no. 7) should be directed not to interfere with the business and running of the bio-fertilizer unit of Khistiz Agrotech Pvt. Ltd. at Nehusa, Harnaut, allegedly threatened/locked by police officials on 29.1.2024. +1 more

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Court's answer

The Court disposed of the writ application, granting the petitioner liberty to deal with his property in accordance with law and recording that there is no legal impediment on the part of the administration; the specific restraining directions sought in the prayers were not separately framed or issued.

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Detailed headnote1 paragraphs

Patna High Court (Sandeep Kumar, J.) — Civil Writ Jurisdiction Case No.2882 of 2024, disposed of on 26-02-2024. Petitioner Sunil Kumar, Director, Khistiz Agrotech Pvt. Ltd., prayed for (i) restraint on the SHO, Harnaut from interfering with his bio-fertilizer unit at Nehusa, Harnaut, allegedly threatened/locked by police officials on 29.1.2024; (ii) early decision by the Additional Collector, Nalanda of Jamabandi Cancellation Case no. 13/2023-24 filed by respondent Raj Kishore Sinha (with the petitioner and the Circle Officer, Harnaut as opposite parties); and (iii) restraint on coercive action against the petitioner or his employees till disposal of that case. The SHO appeared with the Additional Advocate General (Mr. S.D. Yadav), who submitted that the premises had not been sealed by the police, that no legal impediment existed for the petitioner to enter the premises, and that the petitioner was wanted in a criminal case and was seeking to circumvent it. The Court disposed of the application, granting the petitioner liberty to deal with his property in accordance with law, there being no legal impediment on the part of the administration.

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.2882 of 2024

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Sunil Kumar S/o-Late Jaglal Choudhary Resident of -P103/C, Ambedkar Path, In front of Poonam Gas Godown, Rukmini Niwas, Rukanpura, Patna, District-Patna. Presently, Director, Khistiz Agrotech Pvt. Ltd.,

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... ... Petitioner/s

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Versus

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The State of Bihar through, the Principal Secretary, Revenue And Land Reforms Department, Government of Bihar, Old Secretariat, Patna.

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The District Magistrate, Nalanda.

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The Superintendent Of Police, Nalanda

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Additional Collector, Nalanda

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The Sub Divisional Officer, Bihar Sharif, Nalanda.

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The Circle Officer, Harnaut, Nalanda.

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The SHO, Harnaut P.S.

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Raj Kishore Sinha S/o Late Jai Prakash Narayan Singh Village and P.O.Nehusa, Harnaut, District-Nalanda.

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... ... Respondent/s

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======================================================

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Appearance :

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For the Petitioner/s : Mr.Bishwa Bibhuti Kumar Singh, Advocate For the Respondent/s : Mr. S. D. Yadav, AAG-9 Mr. Dinesh Maharaj, AC to AAG-9

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======================================================

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CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER

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3 26-02-2024 Heard the parties.

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Counter affidavit filed on behalf of respondent no.

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5 has been taken on record.

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The petitioner has moved the Court for the

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following reliefs:

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“(i) For a direction to the respondent no. 7, the SHO, Harnaut to not interfere the business and running of Bio fertilizer unit of KhistizAgrotech Pvt. Ltd., situated at Nehusa, Harnaut because, on 29.1.2024 some police official had come to the Unit and ordered/threatened to the employees to close the Unit and locked up otherwise we will locked up

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Patna High Court CWJC No.2882 of 2024(3) dt.26-02-2024 2/2

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ourselves and thereafter, the unit is closed.

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(ii) For a direction to the respondent no.4, the Additional Collector, Nalanda to decide the Jamabandi Cancellation Case no. 13/2023-24 in accordance with law as early as possible which is filed by the respondent no.8 in which, the petitioner and respondent no.6, the Circle Officer, Harnaut are opposite parties.

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(iii) For a direction to the respondents to not take any coercive action against the petitioner or any of the employees of the Bio fertilizer till the disposal of the Jamabandi Cancellation Case no.13/2023-24 or, as your Lordship may deem fit and proper.”

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The S.H.O. of Harnaut Police Station has appeared

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along with Mr. S.D. Yadav, Additional Advocate General. Mr. S.D. Yadav has submitted that the premises in question has not been sealed by the police. He also submits that there is no legal impediment for the petitioner to enter the premises in question. Mr. Yadav further submits that the petitioner is wanted in connection with a criminal case and therefore, he is trying to circumvent the same by filing this kind of writ petition.

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This application is disposed of with liberty to the petitioner to deal with his property in accordance with law as there is no legal impediment on the part of the administration.

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(Sandeep Kumar, J)

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P. Kumar

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Sunil Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Sunil Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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Procedural history

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