Kamrul Nisha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.18367 of 2025 ====================================================== Kamrul Nisha Wife of Late Md. Pyare Sheikh Resident of Village- Bangaon, Ward No.- 12, P.S.- Bajpatti, District- Sitamarhi (Bihar). ... ... Petitioner/s
Versus
1.
The State of Bihar through the Collector, Sitamarhi. 2.
The Superintendent of Police, Sitamarhi.
3.
The Sub Divisional Magistrate, Sitamarhi.
4.
The Officer Incharge, Bajpatti Police Station, District- Sitamarhi. 5.
The Circle Officer, Bajpatti, District- Sitamarhi. 6.
Md. Abdul Mannan, Son of Moslim, R/v- Bangaon, P.S.- Bajpatti, Dist.- Sitamarhi.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Subodh Kumar, Advocate For the Respondent/s :
Mr. Standing Counsel 18 ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 16-03-2026 Heard learned counsel for the petitioner and learned counsel for the State.
2. The writ petition has been filed for the following reliefs :- I. For issuance of writ in the nature of mandamus directing and commanding the respondent authorities specially Supritendent of police to take steps in view of the application filed by the petitioner on 13.07.2025 to the concerned police officer on 29.08.2025 for lodging of the FIR against Md.Mannan, Bijali and others.
II. For Further direction to the respondent
Patna High Court CWJC No.18367 of 2025(2) dt.16-03-2026 2/3 authourities to hold and inquiry against the officer in charge of Bajpatti Police Station who despite of the application in collusion with the private respondent has not registered FIR nor has taken any steps and stating tight over the matter.
III. For further direction to the respondent Sub Divisional Magistrate, Sitamarhi and the Circle Officer to initiate a proceeding for demarcation restraining the private respondent not to interfere in the house of the petitioner nor make any construction over the house of the petitioner. IV. For further direction to the respondent authorities to dispose of the representation of the petitioner by reasoned and speaking order within time framed.
V. For any other relief/reliefs for which the petitioner may be found entitled to.
3. Learned counsel for the petitioner submits that respondent No.6 has forcefully made certain constructions on the ground floor which is said to have been constructed by the petitioner while they were staying out of station, and the private respondents are claiming their share in the said land in question, while, the issues have already been dealt with by the Sarpanch, which is appended with the writ petition as Annexure-P/4.
4. On the other hand, learned counsel for the State submits that the nature of disputes requires demarcation of land
Patna High Court CWJC No.18367 of 2025(2) dt.16-03-2026 3/3 (the complicated issues of title is not involved), for which the petitioner may be directed to file appropriate application for demarcation with requisite fee and on filing of such representation for demarcation, coupled with the report of the Sarpanch, necessary orders shall be passed after giving opportunity of hearing to all the affected persons.
5. In view of the submissions made by the parties, this Court finds it appropriate that the petitioner shall file an appropriate application with all supportive materials for demarcation of land and on filing of such application for demarcation, the Circle Officer, shall initiate proceedings and after giving opportunity of hearing to all concerned, necessary orders shall be passed and once the land is demarcated, the necessary steps as provided under law shall be taken within a period of eight weeks from the date of filing of such representation, if the complicated issues of title is not found being involved in the land in question, the same shall be adjudicated.
6. Accordingly, the writ petition stands disposed of. (Ajit Kumar, J) sharun/- U