Krishna Kumar Mishra v. The State Of Bihar Through The Chief Secretary Govt. Of Bihar, Patna.

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.533 of 2021 Arising Out of PS. Case No.- Year-0 Thana- District- ====================================================== Krishna Kumar Mishra, Son of Khushi Mishra, Resident of Village and P.O. - Adharpur, P.S. - Ghanshyampur, District - Dargbhanga. ... ... Petitioner

Versus

1.

The State of Bihar through the Chief Secretary Govt. of Bihar, Patna. 2.

The Principal Secretary, Dept. of General Administration, Govt. of Bihar, Patna. Bihar 3.

The Principal Secretary, Dept of Revenue and Land Reform, Govt. of Bihar, Patna. Bihar 4.

The Commissioner, Dept of Home, Govt. of Bihar, Patna. 5.

The Divisional Commissioner, Darbhanga Division, Darbhanga. 6.

The Collector, Darbhanga at Laheriasarai.

7.

The SDM, Biraul, District - Darbhanga.

8.

The Circle officer, Gaura Bauram Circle Office, District - Darbhanga. 9.

The Director General of Police, Bihar, Patna. 10.

The Inspector General of Police, Darbhanga.

11.

The Sr. S.P. Darbhanga.

12.

The S.D.P.O. Biraul, District - Darbhanga.

13.

The S.H.O. Ghanshyampur Police Station, District - Darbhanga. ... ... Respondents ====================================================== Appearance :

For the Petitioner :

Mr. Abhay Kumar Thakur, Advocate Ms. Sukriti Kumari, Advocate Mr. Amrendra Kumar Thakur, Advocate For the State :

Mr. Navnit Kumar, Advocate, AC to GP-18 ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 29-08-2025 The present Criminal Writ Petition has been filed by the Petitioner seeking direction to the Respondents/State Authorities.

2. In the course of hearing, learned counsel for the Petitioner informs that as a matter of fact, the easementary right

Patna High Court CR. WJC No.533 of 2021(7) dt.29-08-2025 2/2 of the Petitioner has been denied to him on account of a boundary constructed in front of his house by the co-villagers, claiming the land to be belonging to the deity, and hence, he is unable to enter his house.

3. In such situation, the Petitioner has efficacious remedy to move local Executive Magistrate/State Authority for clearance of the raasta (path) which he and other people were previously using for entering his house.

4. At this stage, learned counsel for the Petitioner is seeking permission to withdraw the present petition with liberty to file one application under Section 133 Cr.PC before the Executive Magistrate, and if the same is filed, learned Executive Magistrate is directed to decide his application on merit.

5. Accordingly, the present petition is dismissed as withdrawn with liberty to the Petitioner to move appropriate application before the learned Executive Magistrate and in case such application is filed by him, learned Executive Magistrate will pass appropriate order as per law.

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