Sanjay Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9009 of 2026 ====================================================== Sanjay Kumar Singh son of late Rajendra Prasad Mandal, resident of Surya Prasad Lane, Jhawa Kothi, Chhoti Khanjarpur, Bhagalpur, Jagdishpur P.SBarari, Dist- Bhagalpur, 812001. ... ... Petitioner/s

Versus

1.

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

The Home Secretary, Govt. of Bihar, Patna.

3.

The Director General of Police, Bihar, Patna. 4.

The Senior Superintendent of Police, Dist. Bhagalpur. 5.

The Collector, Dist. Bhagalpur.

6.

The Circle Officer, Jagdishpur, Dist. Bhagalpur. 7.

The SHO, Babarganj Police Station, Bhagalpur. 8.

Smt. Pratima Sinha, wife of Abhimanyu Prasad Singh, resident of villageKhaira, P.S- Rajoun, P.O- Khaira, Dist.- Baka, Pin code-812006. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Ms.Pragya Kiran, Advocate Ms. Kiran Kumari,Advocate For the Respondent/s :

Mr.Piyush Kr. Pandey, AC to SC- (11) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 29-06-2026 Heard Ms.Pragya Kiran, learned counsel for the petitioner and the State.

2. The present petition has been preferred for the following relief/s:

(I) for removal of encroachment and restoration of possession over the purchased land of the petitioner measuring an area1800 sq. feet in survey plot no/Khesra no1459 under khata no-689 sub plot no-18 of

Patna High Court CWJC No.9009 of 2026(2) dt.29-06-2026 2/3 Bihar State Electricity Board Employee Cooperative Grih Nirman Samiti Ltd, Mayaganj Bhagalpur purchased through sale deed dated-22/07/1988 situated at mohalla- Habibpur, P.S Mojahidpur at present P.S- Babarganj, Dist.-Bhagalpur, Town- Bhagalpur;

(ii) for restraining the private respondent from further constructing over the land of the petitioner;

(iii) for protection of life and property of the petitioner;

(iv) pass such other order or orders as your lordships may deem fit and proper..

3. At the outset, learned State counsel submits that it is purely a private dispute between the petitioner and the respondent no.08 for which the appropriate authority is the SubDivisional Magistrate/competent Civil Court.

4. Learned counsel for the petitioner submits that he approached the concerned authority (Babar Ganj, Police State, Bhagalpur).

5. Learned counsel for the State submits that the

Patna High Court CWJC No.9009 of 2026(2) dt.29-06-2026 3/3 notice dated 05.04.2025 shows that the Police took cognizance and both the petitioner and the private respondent were noticed.

6. This Court is in line with the submission put forward by the State counsel that it is purely a private dispute.

7. However, once the petitioner approached appropriate authority, in the case, the Babar Ganj, Police Station, Bhagalpur, he/she is duty bound to look into the matter and accordingly, submit a report to the appropriate authority so that a decision can be taken.

8. With the aforesaid observation, the writ petition is disposed of.

9. Before parting, this Court would like to put on record its word of appreciation for Ms. Pragya Kiran, learned counsel for the petitioner for her proper assistance to the Court. (Rajiv Roy, J) Ravi/- U