Siya Devi Sah v. The State Of Bihar Through The Home Secretary, Govt. Of Bihar, Patna.

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.503 of 2021 Arising Out of PS. Case No.- Year-0 Thana- District- Muzaffarpur ====================================================== Siya Devi Sah Wife Of Baijnath Sah Resident Of Village - Paigamberpur Dera Choulk, Block- Minapur, P.S. Sibaipatti, District - Muzaffarpur At Present Residing Birpara Chaupati Falakata Road, P.S. - Birpara, Distt. - Alipur (west Bengal).

... ... Petitioner/s

Versus

1.

The state of Bihar through the home Secretary, Govt. of Bihar, Patna. 2.

The Director General of Police ,Bihar, Patna -1. Bihar 3.

The Inspector General of Police(Tirhut Commissionary, Muzaffarpur.) Bihar 4.

The Deputy Inspector General of Police (Tirhut Commissionary, Muzaffarpur.) Bihar 5.

The District Magistrate, Muzaffarpur. Bihar 6.

The Superintendent of Police, Muzaffarpur. Bihar 7.

The Sub- Divisional Police officer, Muzaffarpur. Bihar 8.

The officer -in-Charge, Sibaipatti, Distt. - Muzaffarpur. Bihar 9.

Rakesh Kumr Singh, I.O., Sibaipatti, Distt. - Muzaffarpur. Bihar 10.

Arbind Son of Manoj Kumar Resident of Village- Ramnager, Maharani Asthan, P.S. - Sibaipatti, District - Muzaffarpur. 11.

Ramanad Sah Son of Late Ramchandra Sah Resident of Village- Ramnager, Maharani Asthan, P.S. - Sibaipatti, District - Muzaffarpur. 12.

Binod Sah Son of Late Ramchandra Sah Resident of Village- Ramnager, Maharani Asthan, P.S. - Sibaipatti, District - Muzaffarpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Devendra Kumar, Advocate For the State :

Md. Harun Quareshi, AC to SC-1 For the Respondents :

Mr. Tejendra Pd. Singh, Advocate Mr. Vijay Kumar Pandey, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 29-08-2025 The present writ petition has been preferred by the petitioner seeking direction to the respondent authorities not to disturb the peaceful possession of the petitioner of certain land and to take steps against unlawful demolition of wall of the

Patna High Court CR. WJC No.503 of 2021(8) dt.29-08-2025 2/2 petitioner over the land by the private respondents.

2. In my considered view, the present writ petition is not maintainable, because in the alleged facts and circumstances, the petitioner has efficacious remedy by way of moving the competent Civil Court by way of filing Civil Suit as well as lodging of F.I.R. against the persons, who have demolished the property of the petitioner, in violation of law.

3. At this stage, learned counsel for the petitioner is seeking permission to withdraw the present petition, so that he can take legal remedy as per law before the competent Court.

4. Permission is accorded.

5. Accordingly, the present petition is dismissed as withdrawn with the aforesaid liberty, as sought for by the learned counsel for the petitioner.

(Jitendra Kumar, J.) ravishankar/- U T