Tanuja Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.12637 of 2025 ====================================================== Tanuja Devi wife of Sri Rajendra Roy, Resident of Raghunath Tola, P.S. Beur, District- Patna.
... ... Petitioner/s
Versus
1.
The State of Bihar Through the District Magistrate, Patna. 2.
The Superintendent of Police, District Patna. 3.
The Station House Officer, P.S. Beur, District Patna. 4.
The Circle Officer, Phulwari Sharif, District- Patna. 5.
The Secretary, Rani Laxmi Bai Sahkari Grih Nirman Samiti, Near Baidyanath Aryuvedic Bhavan, Maruti Nagar, Khasmahal, Mithapur, P.S. Jakkanpur, District- Patna.
6.
Chandan Kumar, Son of Late Dev Narayan Ram, Resident of Mirdubhasi Colony, Bhrampur, Phulwari Sharif, P.S.- Phulwari Sharif, District- Patna. 7.
Nirmal Gaoswami, Son of not known to petitioner, Resident of Mirdubhasi Colony, Bhrampur, Phulwari Sharif, P.S.- Phulwari Sharif, District- Patna. 8.
Vinay Kumar, Son of not known to petitioner, Resident of Mirdubhasi Colony, Bhrampur, Phulwari Sharif, P.S.- Phulwari Sharif, District- Patna. 9.
Dayanandji, Son of not known to petitioner, Resident of Mirdubhasi Colony, Bhrampur, Phulwari Sharif, P.S.- Phulwari Sharif, District- Patna. 10.
Anupma Kumari, Wife of Satya Prakash Singh, Resident of Mirdubhasi Colony, Bhrampur, Phulwari Sharif, P.S.- Phulwari Sharif, District- Patna. 11.
Gayatri Kumari @ Nidhi, Wife of Samresh Kumar @ Munna, Resident of Mirdubhasi Colony, Bhrampur, Phulwari Sharif, P.S.- Phulwari Sharif, District- Patna.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shaishav Kumar, Advocate For the State :
Mr. Government Advocate (05) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 07-08-2025 Heard Mr. Shaishav Kumar, learned counsel for the petitioner and learned counsel representing the State.
2. The present petition has been preferred for the grant of following relief(s):
Patna High Court CWJC No.12637 of 2025(2) dt.07-08-2025 2/3 "(I) For issuance of an appropriate direction, order, or writ in the nature of mandamus commanding the respondents to dispose of the representation as contained in Annexure P 3 and P 4 of this writ application by which it was requested from them to take action against the respondent no. 6 to 11 who have illegally and forcibly captured the society plot of the petitioner situated at Khata no.- 475/260, Keshra Survey no. 6125/6172, Jamabandi no.
14341, Present Part 92. Page no.- 9900, Halka - Nagar Parishad, Thana no.- 35, and Society plot no.- 16 A, initially plot no.- 16, measuring 1400 sq. ft. at Mouza Phulwari Sharif. District Patna but no action has been taken till date and she is on the mercy of others.
(II) For any other relief/reliefs to which the petitioner may be found entitled to, in the facts and circumstances of the case."
3. The claim of the petitioner is that the land in question was purchased from the society but now the respondent no. 6 to 11 are disturbing by filling the ditch and on protest, got
Patna High Court CWJC No.12637 of 2025(2) dt.07-08-2025 3/3 abused for which the petition has been given to the Station Head Officer, Beur Police Station.
4. Learned State counsel submits that the petitioner should have moved before the Sub-Divisional Magistrate under whose jurisdiction the land in question is present.
5. Learned counsel for the petitioner submits that the lady shall be approaching the concerned Sub-Divisional Magistrate immediately.
6. In that case, the concerned Sub-Divisional Magistrate is duty bound to seek report and notice the parties as also seek Police report.
7. Needless to say, the Beur Police Station who has received the petition on 30.06.2025 also has to act in the matter and submit report to the concerned Sub-Divisional Magistrate and see to it that any law and order situation does not arise.
8. The writ petition stands disposed of with the aforesaid observation.
(Rajiv Roy, J) vinayak/- U