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Patna High CourtCR. WJC/1225/2025disposed

Meera Mishra v. The State Of Bihar Through The Chief Secretary, Govt. Of Bihar

2025-11-25Mr. Justice Arun Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.1225 of 2025 Arising Out of PS. Case No.- Year-0 Thana- District- Saharsa ====================================================== Meera Mishra D/o Bhagwat Tiwary, W/o Brajbhushan Kumar R/o vill - Maranga, Verma tola, ward no. 31, Polytechnic Chowk, Purnea, P.s.- Maranga, Distt.- Purnea ... ... Petitioner/s

Versus

1.

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

The Divisional Commissioner Koshi Division Saharsa, Distt.- Saharsa Bihar 3.

The District Magistrate, Saharsa, distt.- Saharsa Bihar 4.

The Superintendent of Police, Saharsa Town, Distt.- Saharsa Bihar 5.

The Sub-Divisional Magistrate, Saharsa Town, Distt.- Saharsa Bihar 6.

The Officer-in-Charge of Aadarsh Nagar Town Thana, Saharsa, Distt.- Saharsa Bihar 7.

Ramesh Chandra Yadav S/o Late Soti Yadav R/o vill - Gangjala, Panchbati More, ward no. 17, P.S. - Saharsa town, Distt.- Saharsa ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Siya Ram Sahi, Sr. Adv.

Mr.Jitendra Kumar Pandey, Adv.

For the State :

G.A. 2 For the respondent no. 7 :

Mr. Ashok Kumar Chaudhary, Sr. Adv.

Mr. Sameer Ranjan, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 25-11-2025 Heard learned senior counsel for the petitioner, learned senior counsel for the respondent no. 7 as well as learned counsel for the State-respondents.

02. After some arguments on the fact, it becomes apparent that there is a dispute over the land claimed, both by the petitioner as well as respondent no. 7. Petitioner claims the land of Old Khata No. 1668, Old Khesra No. 591, New Khata

Patna High Court CR. WJC No.1225 of 2025(3) dt.25-11-2025 2/2 No. 1812, New Khata No. 1232/3802, Area- 16 decimal (04 katha) land as her purchased land. Learned counsel for the petitioner submits that the said land has been encroached upon by respondent no. 7 and he has even made some construction over it.

03. However, learned senior counsel appearing on behalf of the respondent no. 7 submits that respondent no. 7 has not encroached the land of the petitioner and it is the purchased land of respondent no. 7 and his family member.

04. Since there is disputed question of title and possession involved in the present writ petition, there is no occasion for this Court to intervene in the matter in criminal writ jurisdiction. Therefore, considering the civil nature of dispute, the petitioner is directed to have recourse of law in appropriate proceeding before appropriate forum to establish her right. At the same time, the State authorities are directed to ensure that law and order is maintained by the parties.

05. Accordingly, the present criminal writ petition stands disposed of.

(Arun Kumar Jha, J) Anuradha/- U T