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Sanjay Kumar v. The State of Bihar

Patna HC18 Mar 2025CWJC/3529/2025

Case brief

AI extract

What is this about?

Sanjay Kumar v. State of Bihar & others, CWJC No. 3529 of 2025, Patna High Court, decided 18-03-2025 (Sunil Dutta Mishra, J.) - mandamus sought against State authorities (Home Deptt., DM, SP, SDO, LRDC, CO Nawada Sadar, O/C Nawada Nagar PS) to act on representations against Gola Road Commercial Union/anti-social elements restraining parking and to support boundary wall construction on Thana No. 360, Khata No. 140 (old)/120, 120A (new), Plot No. 213 (old)/300, 301 (new), Nawada; prior Cr.W.J.C. No. 341 of 2022 and MJC No. 112 of 2024 (order dt. 13.12.2024) noted; petition disposed of with liberty to approach concerned authority.

What did the court decide?

Liberty to the petitioner to approach the concerned authority for redressal of his grievance. ¶28

Sanjay Kumar Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Liberty to the petitioner to approach the concerned authority for redressal of his grievance.

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Issue for consideration

Whether a writ of mandamus should be issued commanding the respondents/authorities to take appropriate action in accordance with law upon the petitioner's representations (Annexure-6, 6/1 and 7) against Gola Road Commercial Union/anti-social elements to restrain parking and to favour/support the petitioner in constructing his boundary wall/own house or any structure upon the land in question bearing Thana No. 360, Khata No. 140 (old), New Khata No. 120, 120A, Plot No. 213 (old), New Plot No. 300, 301, situated at Mohalla Gola Road, Town Nawada.

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Court's answer

In view of the submission of learned counsel for the petitioner, C.W.J.C. No. 3529 of 2025 stands disposed of with the liberty to the petitioner to approach the concerned authority for redressal of his grievance, as prayed for.

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Detailed headnote1 paragraphs

Patna High Court (Sunil Dutta Mishra, J.), oral order dated 18-03-2025 in Civil Writ Jurisdiction Case No.3529 of 2025: Petitioner Sanjay Kumar prayed for a writ of mandamus commanding the State of Bihar (through the Principal Secretary, Home Department), the District Magistrate, Superintendent of Police, Sub-Divisional Officer, Land Reform Deputy Collector and Circle Officer (Nawada Sadar) and the Officer-in-Charge, Nawada Nagar Police Station to take appropriate action in accordance with law on his representations (Annexure-6, 6/1 and 7) against Gola Road Commercial Union/anti-social elements restraining parking, and to favour/support him in constructing his boundary wall/own house or structure upon land bearing Thana No. 360, Khata No. 140 (old)/New Khata Nos. 120, 120A, Plot No. 213 (old)/New Plot Nos. 300, 301, Area 0.25 dismals, Mohalla Gola Road, Nawada. Counsel for the State pointed out that the petitioner's earlier Criminal Writ Jurisdiction No. 341 of 2022 for the same relief stood disposed of with liberty to file a detailed representation before the District Level Security Committee, and that vide order dated 13.12.2024 MJC No. 112 of 2024 therein was disposed of on a report that the order dated 27.09.2023 in Cr.W.J.C. No. 341 of 2022 had been complied with, police-level monitoring of the petitioner's security continuing. On the submission of learned counsel for the petitioner, the petition was disposed of with liberty to the petitioner to approach the concerned authority for redressal of his grievance.

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.3529 of 2025

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Sanjay Kumar, son of Late Krishna Prasad, resident of Gola Road, Nawada, P.S.- Nawada Nagar, District - Nawada, At present residing at Mohallah - Karbighahia, P.S.- Jakkanpur, District- Patna.

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... ... Petitioner/s

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Versus

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The State of Bihar through the Principal Secretary, Home Department, Government of Bihar, Patna.

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The District Magistrate, District - Nawada.

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The Superintendent of Police, District- Nawada.

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The Sub-Divisional Officer, Nawada Sadar, District- Nawada.

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The Land Reform Deputy Collector, Nawada Sadar, District- Nawada.

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The Circle Officer, Nawada Sadar, District- Nawada.

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The Officer-in-Charge, Nawada Nagar Police Station, District- Nawada.

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... ... Respondent/s

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Appearance : For the Petitioner/s : Mr. Bipin Kumar Deo, Advocate For the Respondent/s : Mr. Government Advocate (13)

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CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER

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2 18-03-2025 Heard learned counsel for the parties.

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The petitioner has filed this writ petition for

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issuance of writ of Mandamus or any other appropriate writ(s), order(s), direction(s) to command respondents/ authorities to take appropriate action in accordance with law upon the representations (Annexure-6, 6/1 and 7) against Gola Road, Commercial Union/Anti-social element to restrain parking and to favour/support the petitioner in constructing his boundary wall/own house or any structure upon the land in question bearing Thana No. 360, Khata No. 140 (old), New Khata No.

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Patna High Court CWJC No.3529 of 2025(2) dt.18-03-2025 2/3

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120, 120A, Plot No. 213 (old), New Plot No. 300, 301, Area 0.25 dismals situated at Mohalla Gola Road Town Nawada, P.S. - Nawada, District- Nawada and /or to allow other suitable reliefs in favour of the petitioner.

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Learned counsel for the State submits that earlier the petitioner has filed Criminal Writ Jurisdiction No. 341 of 2022 for the same relief and the said writ petition was disposed of permitting the petitioner to file a detailed representation before the District Level Security Committee for police protection and other assistance and if such an application/representation is filed, the District Level Security Committee shall oblige to dispose of the same in accordance with law within a reasonable period of time. Thereafter, vide order dated 13.12.2024, MJC No. 112 of 2024 in the said writ petition was disposed of considering the report that the order dated 27.09.2023 in Cr.W.J.C. No. 341 of 2022 has been complied with. It is also noted that for police protection, one has to approach the State Security Committee of State Level. However, the security of petitioner/applicant is being constantly monitored at the police level.

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