Dilip Kumar v. The State Of Bihar Through Principal Secretary, Home Deparment, Govt. Of Bihar, Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.2117 of 2024 Arising Out of PS. Case No.- Year-0 Thana- District- Saran ====================================================== Dilip Kumar Son of Birendra Prasad Resident of Thana Road End of the Hanuman Mandir, P.S. - Bhagwan Bazar, District - Saran at Chapra ... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Home Deparment, Govt. of Bihar, Patna Bihar 2.

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

The Inspector General of Police Bihar 4.

The District Magistrate, Saran at Chapra Bihar 5.

The Superintendent of Police, Saran at Chapra Bihar 6.

The Sub Divisional Police Officer Bihar 7.

The Station House Officer, Bhagwan Bazar, Saran Bihar 8.

Bashisht Tiwary Son of Ganesh Tiwary Resident of Kshatrudhari Bazar, P.S. - Bhagwan Bazar, District - Saran 9.

Amit Mishra Son of Anil Mishra Resident of Mohalla - State Bank Colony, P.S. - Bhagwan Bazar, District - Saran at Chapra 10.

Amar Kumar Son of Late Mohan Prasad Resident of Mohalla - Sahebganj Sonarpatti (Thumka Palace), P.S. - Chapra Town, District- Saran 11.

Madhukar Vikram Sah Son of Shiv Vikram Sah Resident of Village - Mudila Tola Hari Nagar, P.S. - Ram Nagar, District- West Champaran at Present R/o- Village - Ratanpura, Ram Nagar Chhawani, P.S. - Bhagwan Bazar, District- Saran 12.

Preama Sah Wife of Late Manohar Vikram Sah Resident of Village - Mudila Tola Hari Nagar, P.S. - Ram Nagar, District- West Champaran at Present R/o- Village - Ratanpura, Ram Nagar Chhawani, P.S. - Bhagwan Bazar, District- Saran ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Tejpratap Singh, Advocate For the Respondent/s :

Mr. Ramadhar Singh GP.25 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 21-04-2025 Heard the learned counsel for the petitioner and learned counsel appearing for the State.

2. The present writ application is being filed on behalf

Patna High Court CR. WJC No.2117 of 2024(2) dt.21-04-2025 2/3 of the petitioner for the following relief(s):- "(i) For issuance of writ, order or direction in nature of Mandamus for direction upon respondent No. 04-07 to remove the respondents No. 8-12 from the land of the petitioner as respondent No. 8 with his associate have forcibly captured the land of the petitioner by giving him life threat and are continuing over the land by constructing Fencing wire around the land of the petitioner bearing Municipal Survey No. 5989 area 02 Katha 13 dhur and has threatened the petitioner not to be seen near his land.

(ii) For issuance of writ, order or direction to the respondents No. 4-7 to ensure that the land of the petitioner is to be restored back in his possession as respondent No. 4-7 has failed to discharge their duty to protect the life and property of the petitioner.

(iii) For further issuance of writ, order or direction to the official respondent No. 4-7 to drive out the anti social element (Respondent No. 8-12) who have forcibly entered into the office premises of the petitioner, who is an advocate practicing at Civil Court Saran at Chapra Bar and further for direction to the respondent No. 4-7 that his possession of the land be also restored."

3. In the opinion of this Court, the dispute appears to be between two private individuals and this Court can not go into the disputed questions of fact.

Patna High Court CR. WJC No.2117 of 2024(2) dt.21-04-2025 3/3

4. Accordingly, this application is dismissed with liberty to the petitioner to approach the District Court for redressal of his grievance(s).

(Sandeep Kumar, J) Shishir/- U T