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

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.71 of 2025 Arising Out of PS. Case No.- Year-0 Thana- District- Patna ====================================================== Dilip Kumar Son of Late Jagdish Bhagat Resident ofVillage- Nadawa, P.S.- Dhanarua, Distt.- Patna, At present residing at Sahid Bhagat Singh Chowk, Khagaul, Phulwari Road, Nagina Nagar Colony MOre, P.S.- Phulwarisharif, Distt.- Patna ... ... Petitioner/s

Versus

1.

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

The District Magistrate, Patna Bihar 3.

The Senior Superintendent of Police, Patna Bihar 4.

The Deputy Superintendent of Police, Phulwarisharif, Patna Bihar 5.

The Circle Officer, Phulwarisharif, Patna Bihar 6.

The Station House officer, Phulwarisharif, Police station, Patna Bihar ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Varun Krishna Singh For the Respondent/s :

Mr. G.A.9 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 03-07-2025 Heard the learned counsel for the petitioner and the learned counsel for the State.

2. The present application is being filed for the following reliefs:- A). For direction to the respondents not to interfere in the possession of the petitioner in any manner over the ancestral/Raiyati land bearing Thana No.35, Khata No.766, Plot No.78 situated in Mauza-Phulwarisharif without any order from the competent court of law in this regard.

B). For direction to the SHO, Phulwarisharif (Respondent No.6) not to stop the

Patna High Court CR. WJC No.71 of 2025(3) dt.03-07-2025 2/2 construction of the house of the petitioner in compliance of the injunction order dated 19.9.2019 passed in Title Partition Suit No.47 of 2017 whereby the injunction has been granted for alienation/transfer of the suit property and not for making construction over the same.

3. Pursuant to the order dated 23.06.2025, the SHO of Phulwarisharif Police Station, Patna has appeared. He has assured this Court that since there is no order of stoppage of construction by the District Court in the injunction order, the police will not interfere unnecessarily in the construction.

4. In view of the above, the application is disposed of. (Sandeep Kumar, J) Shishir/- U