Hareram Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8053 of 2025 ====================================================== Hareram Singh Son of Garjan Singh Resident of Village-Karma, Police Station- Dhansoi, District-Buxar.

... ... Petitioner/s

Versus

1.

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

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

The District Magistrate, Buxar.

4.

The Superintendent of Police, Buxar, Bihar.

5.

The Circle Officer, Rajpur, Buxar.

6.

The Station House Officer, Dhansoi Police Station, Buxar. 7.

Arun Tiwari @ Aurn Kumar Tiwari Son of Late Ramakant Tiwari Resident of Village-Jogiyan, Police Station-Dinara, District-Rohtas. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Parijat Saurav, Adv.

For the Respondent/s :

Mr. Lokesh Kumar Singh, AC to SC-6 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 22-06-2026 Heard Parijat Saurav, learned counsel for the petitioner and Mr. Lokesh Kumar Singh representing the State as also Mr. Ashok Kumar Garg for the respondent no. 7.

2. The present application has been preferred for the following relief(s):

i) 18 For issuance of a writ in the nature of Mandamus or any other appropriate writ or order for commanding the respondents to restore possession of the private raiyati land and the house of the petitioner and his family situated at Mauza -

2/5 Karma, Thana Dhansoi, District Buxar, New Khata No. 86, Khesra No. 475, area decimil, and Khesra No. 476, area 6 decimil, on which Title Suit No. 13 of 2018 is pending, and during the pendency of the said suit, the Circle Officer, Rajpur, Buxar and the SHO, Dhansoi Police Station, Buxar, acting under the extraneous influence and consideration of respondent no. 7, have conducted measurement (napi) on 25/04/2025 and have ousted the petitioner and his family from the house.

ii) For issuance of a writ in the nature of mandamus or any other appropriate writ, order or direction to the respondent no. 5 the Circle Officer, Rajpur, to produce the records of the case of Measurement (Napi) Case No. 120 of 202425, and thereafter be pleased to issue writ in the nature of certiorari or any other appropriate writ for quashing the entire case of Measurement (Napi) Case No. 120 of 2024-25.

iii) For issuance of a writ in the nature of mandamus or any other appropriate writ, order or direction restraining the respondent no. 5 and 6 and the administration of district of Buxar from interfering and meddling in the private raiyati lands and house situated on it of the

3/5 petitioner and his family.

iv) For issuance of a writ in the nature of mandamus or any other appropriate writ, order or direction to the respondent no. 1 to 4 to take suitable departmental action against the respondent no. 5 the respondent no. 5 (Sobha Kumari, the Circle Officer, Rajpur. Buxar) and the respondent no. 6 (Gyan Prakash Singh, the Station House Officer, Dhansoi Police Station, Buxar), who have acted under the undue and ulterior influence of the respondent no. 7, and have conducted measurement of the land of the petitioner ignoring the fact that the Title Suit No. 13 of 2018 is pending for the same land with other lands in which the petitioner is plaintiff and the respondent no. 7 is defendant no. 6 in the said suit, and no measurement of land could have been conducted without final decision of the learned civil court / trial court in Title Suit No.

13 of 2018. - v) For payment of suitable compensation to the petitioner and his family for infringement of their human right and constitutional right to the property and fundamental right of personal dignified life of the petitioner and his family by the respondent no. 5 and 6.

vi) For any other relief(s) which

4/5 the petitioner may be formed entitled to in the facts and circumstances of the case.

3. For a piece of land, Title Suit No. 13 of 2018 is pending before Competent Civil Court between the petitioner's family as also the family of the respondent no. 7.

4. Certain development took place in the month of January 2024 whereafter, the parties moved before the SubDivisional Officer, Buxar who vide an order dated 28.10.2024 restrained the petitioner from going to the said place.

5. In this case, respondent no. 7 is appearing and he has informed that Title Suit No. 13 of 2018 is already pending before the parties and it was his illegal act in the year 2024 which led to the present development. The submission is that the petitioner despite the pendency of the title suit, is hell bent upon taking possession of the land.

6. This Court has gone through the facts of the case and the materials on record and is of the opinion that when a competent Civil Court is taking note of the Title Suit No. 13 of 2018, the parties are well-advised to approach with any grievance that they have.

7. Needless to add, if such petition is preferred before the competent Court, after hearing all the parties, the Court is duty-bound to take a decision in the matter. Allowing both the

5/5 parties to take the route to the Civil Court, the writ petition is disposed of.

(Rajiv Roy, J) Vijay Singh/- U