Patna High Court
Dina Nath Tiwary @ Dina Nath TiwariversusThe State of Bihar, through the Principal Secretary, Home Department, Government of Bihar, Patna.
- Decided
- Disposal
- DISPOSED
- Bench
- ARUN KUMAR JHA
Holding
The Court directed the State authorities to take appropriate steps on any complaint against the private respondents and enjoined the respondents from unlawful conduct.
Summary
Dina Nath Tiwary filed a writ petition seeking directions to the District Collector and Superintendent of Police to act on his and his father's complaints of harassment by private respondents Yogendra, Brijmohan, Jai Mohan and Mukesh Pandey. The State argued that FIRs had been registered since 1987 and a proceeding under Section 126 of the BNSS Act was underway. The private respondents contended that the dispute was civil in nature and that the petitioner was the aggressor. The Court, after hearing all parties, directed the State authorities to take appropriate action on any complaint against the private respondents and ordered the respondents not to engage in any unlawful activity. The petition was subsequently disposed.
Issues considered
- What duty, if any, do the District Collector and Superintendent of Police have to act on complaints of harassment under criminal writ jurisdiction?
- Whether the Court can issue directions to State authorities to intervene in a private land dispute alleged to involve criminal harassment.
Subjects
- harassment
- writ petition
- criminal jurisdiction
- police inaction
- land dispute
- Section 126
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.1001 of 2025
======================================================
Dina Nath Tiwary @ Dina Nath Tiwari, son of Sri Ramashankar Tiwary,
Permanent resident of Ward no. 04, Village-Parmanand, P.O.- Gospur, P.S.-
Karjain, Block- Raghopur, Sub Division- Birpur, Supaul, Bihar-852215
... ... Petitioner/s
Versus
1. The State of Bihar, through the Principal Secretary, Home Department,
Government of Bihar, Patna. Bihar
2. The Principal Secretary, Home Department, Government of Bihar, Patna
Bihar
3. The District Collector, Supaul Bihar
4. The Superintendent of Police, Supaul Bihar
5. The Circle Officer, Raghopur, Supaul Bihar
6. S.H.O. Karjain Police Station, Supaul Bihar
7. Yogendra Pandey Son of Late Lalkrishna Pandey Permanent resident of
Village ward no. 04, Village- Parmanand, P.O.-Gospur, P.S.- Karjain, Block-
Raghopur, Sub Division- Birpur, Supaul, Bihar-852215
8. Brijmohan Pandey Son of Rajendra Pandey Permanent resident of Village
-Ward no. 04, Village- Parmanand, P.O- Gospur, P.S- Karjain, Block-
Raghopur, Sub Division- Birpur, Supaul, Bihar-852215
9. Jai Mohan Pandey Son of Rajendra Pandey Permanent resident of Village
-Ward no. 04, Village- Parmanand, P.O- Gospur, P.S- Karjain, Block-
Raghopur, Sub Division- Birpur, Supaul, Bihar-852215
10. Mukesh Pandey Son of Rajendra Pandey Permanent resident of Village
-Ward no. 04, Village- Parmanand, P.O- Gospur, P.S- Karjain, Block-
Raghopur, Sub Division- Birpur, Supaul, Bihar-852215
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kumar Priya Ranjan, Advocate
Mr.Sudarshan Bharadwaj, Advocate
Mr. Sandeep Kumar, Advocate
For the State : Mr. Iqbal Asif Niazi, AC to GP-5
For pvt. Respondents : Mr. Rajiv Ranjan Kumar Pandey, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL JUDGMENT
Date : 23-02-2026
The petitioner has filed the present writ petition
seeking direction to the respondent nos. 3 & 4 to take action on
Patna High Court CR. WJC No.1001 of 2025 dt.23-02-2026
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the application/complaints of the petitioner and to protect the
life and property of the petitioner and his family members from
the private respondents.
2. The learned counsel for the petitioner submits that
the petitioner is mainly aggrieved by the acts of the private
respondent nos. 7 to 10 in harassing the petitioner and his old
father and the State authorities are not taking any action against
the private respondents.
3. On the other hand, learned counsel for the State-
respondents submits that whenever any complaint has been
made, appropriate proceeding has been initiated. A number of
FIRs have been registered on complaints of the petitioner or his
father starting from the year 1987 and prior to filing of the
present writ petition and even after filing of the writ petition, a
proceeding under Section 126 BNSS has been initiated.
4. The learned counsel appearing on behalf of the
private respondent nos. 7 to 10 submits that it is the petitioner
who has been harassing the respondents and it is a matter of
land dispute, but the petitioner never approached the civil court
of competent jurisdiction for establishing his rights and has been
regularly filing complaints/cases against the private
respondents, who are aged about 70 to 80 years. However,
Patna High Court CR. WJC No.1001 of 2025 dt.23-02-2026
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learned counsel submits that he can undertake before this Court
that there is no harassment or intention for causing trouble to the
petitioner on the part of the private respondents and the private
respondents will abide by the orders of this Court and would
only act in accordance with law.
5. Having regard to the submission of the parties and
considering the submission of learned counsel for the petitioner
that the petitioner is mainly aggrieved by the acts of the private
respondent nos. 7 to 10, the State-authorities are directed to take
appropriate steps in accordance with law, if any complaint is
received for any unlawful act by the private respondent nos. 7 to
10.
6. At the same time, the private respondent nos. 7 to 10
are also directed not to indulge in any sort of activities which is
not permissible under the law.
7. With the aforesaid observations/directions, the
present writ petition stands disposed of.
(Arun Kumar Jha, J)
V.K.Pandey/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 23.02.2026
Transmission Date 23.02.2026
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