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Patna High CourtCR. WJC/1576/2023dismissed

Hena Jha v. The State Of Bihar Through Its Secretary, Department Of Home, Govt. Of Bihar, Patna

2025-01-09Mr. Justice Bibek Chaudhuri2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.1576 of 2023 Arising Out of PS. Case No.- Year-0 Thana- District- Kishanganj ====================================================== HENA JHA wife of Upendra Jha R/o- Dharamganj Ward no-28, Ps DistKishanganj ... ... Petitioner/s

Versus

1.

The State of Bihar through its Secretary, Department of Home, Govt. of Bihar, Patna Bihar 2.

The District Magistrate,Kishanganj Bihar 3.

The Superintendent of Police, Kishanganj Bihar 4.

The Circle Officer, Kishanganj Bihar 5.

The Circle Officer, Kishanganj Bihar 6.

Ashok Kumar Thakur son of Late Sachidanand Thakur Village- Dharmganj Ps- Kishanganj Dist- Kishanganj ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Raj Kumar, Advocate For the Respondent/s :

Mr. Md. Nadim Seraj, (GP-5) Mr. Iqbal Asif Niazi, AC to GP-5 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI ORAL ORDER 09-01-2025 It is submitted by the learned Advocate on behalf of the petitioner that there is no dispute in respect of the land in question purchased by the petitioner. Only grievance of the petitioner is that the respondent No.7 is demanding illegal money for the purpose of construction of boundary wall around the land of the petitioner.

2. Under such circumstances, the writ Court does not have any authority to pass any order either directing the petitioner or the police authority to take appropriate step in

Patna High Court CR. WJC No.1576 of 2023(3) dt.09-01-2025 2/2 accordance with law.

3. Petitioner is at liberty to take appropriate steps in accordance with law for the purpose of construction of boundary wall and to resist the respondents from demanding illegal money.

4. With the above observation the instant writ petition is disposed of.

5. The Writ Court will say that there is no dispute of title and if there is dispute of title the Civil Court will be barred to take up the question.

(Bibek Chaudhuri, J) mdrashid/- U T