Pankaj Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9341 of 2019 ====================================================== Pankaj Tiwari Son of Late Rishideo Tiwari Resident of Village and P.O. Belaonw, P.S. Sikrool Lakh, District-Buxar.

... ... Petitioner/s

Versus

1.

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

2.

The District Magistrate, Buxar.

3.

The Superintendent of Police, Buxar.

4.

The Sub Divisional Magistrate, Dumaraon, District-Buxar 5.

The Circle Officer, Navanagar, District-Buxar. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajiv Ranjan Kr. Pandey For the Respondent/s :

Mr.Manoj Kumar, AC to GP-4 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 09-05-2019 Following is the relief, which the petitioner is seeking :- "That this writ application is being filed to issue an appropriate writ/order/direction commanding the Respondents to provide proper police held to the petitioner in cultivation over his land and restrain the anti social elements from interfering with his possession over land in question."

The petitioner claims to be purchaser of the land in question from the defendants of Title Suit No. 1464 of 2014/624 of 2014.

It is evident, thus, that there is dispute over the title between the plaintiff of the said title suit and the petitioner's

Patna High Court CWJC No.9341 of 2019(2) dt.09-05-2019 2/2 vendors. The petitioner is not party to the title suit. The petitioner, however, claims his title and possession over the land in question on the basis of the sale deed executed by the defendants of the title suit.

In this background, this Court cannot issue a direction for providing police help to the petitioner for cultivation over the land in question. The petitioner may approach the Court below by filing intervention application or filing a separate suit. This Court, in writ jurisdiction, cannot grant the nature of relief, which the petitioner is seeking.

This application is dismissed but with the observations as noted above.

(Chakradhari Sharan Singh, J) Pawan/- U