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Patna High CourtCWJC/5505/2025disposed

Vijay Shankar Prasad Rastogi v. The State Of Bihar

2026-03-24Mr. Justice Rajiv Roy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5505 of 2025 ====================================================== 1.

Vijay Shankar Prasad Rastogi S/o Late Jagdish Prasad Rastogi, Resident of Village- Choti Baliya Ward No.13, P.O.- Lakhminiya, P.S., Circle and Subdivision- Baliya, Pincode-851211, District- Begusarai (Bihar). 2.

Shushil Kumar Rastogi S/o Late Sharavdev Prasad Rastogi, Resident of Village- Choti Baliya Ward No.13, P.O.- Lakhminiya, P.S., Circle and Subdivision- Baliya, Pincode- 851211, District- Begusarai (Bihar). 3.

Kamlesh Kumar Rastogi S/o Late Parbhunarayan Prasad Rastogi, Resident of Village- Choti Baliya Ward No.13, P.O.- Lakhminiya, P.S., Circle and Subdivision- Baliya, Pincode- 851211, District- Begusarai (Bihar). 4.

Ghanshyam Prasad Rastogi S/o Late Jainarayan Prasad Rastogi, Resident of Village- Choti Baliya Ward No.13, P.O.- Lakhminiya, P.S., Circle and Subdivision- Baliya, Pincode-851211, District- Begusarai (Bihar). 5.

Manoj Kumar Rastogi @ Manoj Pd. Rastogi S/o Vinod Prasad Rastogi, Resident of Village- Choti Baliya Ward No.13, P.O.- Lakhminiya, P.S.,Circle and Subdivision- Baliya, Pincode-851211, District- Begusarai (Bihar). ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Revenue and Land Reforms, Government of Bihar, Patna. 2.

The Principal Secretary, Department of Revenue and Land Reforms, Government of Bihar, Patna.

3.

Commissioner, Munger Division, Munger.

4.

District Magistrate, Begusarai, District- Begusarai. 5.

Superintendent of Police, Begusarai, District- Begusarai. 6.

DCLR, Balia, District- Begusarai.

7.

Circle Officer, Balia, District- Begusarai.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shivam Singh, Advocate :

Mr. Kumar Avinahs, Advocate :

Mr. Kumar Vikram, Advocate :

Mr. Sumeet Kumar Singh, Advocate For the State :

Mr. Dhurjati Kumar Prasad, GP-14 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 24-03-2026 Heard Mr. Sumeet Kumar Singh, learned counsel for the petitioners and Mr. Dhurjati Kumar Prasad, learned GP-14 representing the State.

2. The present petition has been preferred for the grant of following relief(s):

Patna High Court CWJC No.5505 of 2025(3) dt.24-03-2026 2/3 "(i) for a direction to the District Magistrate, Begusarai as well as the Superintendent of Police, Begusarai to protect the property of the present petitioners situated at Mauza Balia Buzurg, Thana No. 627, Tauzi No.662, Khata No.627 Plot No.1887, Area. 01 Bigha 19 Kattha 03 Dhur having boundary as North- Awadh Tirhut Road, South- Hole, East-Meghu Durga Paswan, West- Niz Amrit Lal Etc; on the ground that it is the property of the present petitioners and it is being illegally damaged by anti-social elements.

(ii) for a direction to decide the representation dated 24.01.2025, in which the petitioners have stated that the petitioners are shareholders and have been jointly and peacefully occupying the respective share of the land mentioned in the above description and on 15.01.2025, when the petitioners were giving boundary to the land, local criminals came armed with weapons and threatened the petitioners saying to write the land in their name otherwise they will compel the petitioners and

Patna High Court CWJC No.5505 of 2025(3) dt.24-03-2026 3/3 their family to leave the city.

(iii) for any other relief/ reliefs for which the petitioner is entitled for."

3. The counter affidavit of the State has come duly signed by the Deputy Superintendent of Police, (Reserve) Begusarai and it shows that they have taken steps and the 'Chowkidaar' has been directed to regularly report in the matter.

4. Learned counsel for the petitioners submit that they shall also be taking appropriate steps for getting remedy by making application/filing petition before appropriate authority/competent Civil Court.

5. Having recorded the facts of the case, this Court can only observes that the petitioners if they have genuine apprehension, should resort to lodging of the case before the Police Station under their jurisdiction and if there is any civil dispute, should take shelter of a competent Civil Court.

6. The writ petition is disposed of with the aforesaid observation.

(Rajiv Roy, J) vinayak/- U