Sunita Sinha v. The State Of Bihar Through Principal Secretary, Deptt. Of Home, Govt. Of Bihar, Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.1769 of 2019 Arising Out of PS. Case No.- Year-0 Thana- District- Patna ====================================================== SUNITA SINHA W/o Kumar Mithilesh Prasad Singh @ Sanjay Kumar Singh R/o village- Sugiya, P.S.- Sheikhopur Sarai, District- Sheikhpura, at present Flat No. 615, Block D. Jyoti Puram Apartment, Jagdeopath Khajpura, P.S.- Veterinary College, Patna ... ... Petitioner

Versus

1.

THE STATE OF BIHAR THROUGH PRINCIPAL SECRETARY, DEPARTMENT OF HOME, GOVT. OF BIHAR, PATNA 2.

District Magistrate, Patna 3.

Senior Superintendent of Police, Patna 4.

Circle Officer, Patna Sadar, Patna 5.

Station House Officer, Shastri Nagar Police Station, Patna 6.

Anil Singh S/o Late Ram Raj Prasad Singh R/o village- Bodhi Bigha, P.S.- Chandi, District- Nalanda ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr.Kunal Ranjan, Advocate For the Respondent/s :

Mr.Md. Nadim Seraj, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 29-01-2020 In the nature of the submissions made by learned counsel for the petitioner, this Court is not required to enter into the facts of the case.

The petitioner claims that she is the owner of the property and the land has been mutated in her name but when she wanted to raise a boundary wall and fence the land in question, private respondent no. 6 came out with a Ladavinama allegedly executed by a stranger to the Khatiyani raiyat and on that basis he has raised an objection against the petitioner fencing the land in question. In this connection, the petitioner is

Patna High Court CR. WJC No.1769 of 2019(2) dt.29-01-2020 2/2 said to have informed the concerned Police Station vide Annexures '4' and '5' to the present writ application but no action has been taken thereon.

Learned counsel for the State submits that these are the matters of private law dispute and a dispute related to the property, hence, this Court cannot act as a fact finding Court and no finding may be recorded with respect to the rights of the parties inter-se.

This Court is in agreement with the submission of learned counsel for the State, therefore, without going into the merit of the contentions of learned counsel for the petitioner, this Court would only observe that in case the petitioner reports to the concerned Station House Officer (respondent no. 5) with respect to any dispute over the piece of land which is likely to create a law and order issue, it will be for the Station House Officer to look into the same.

This, however, be not taken as any direction or the reflection on the rights of the either parties. The writ application stands disposed of.

(Rajeev Ranjan Prasad, J) avin/- U