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Patna High Court

Ashok Kumar SinghversusThe State of Bihar through the Home Secretary, Bihar, Patna

Decided
Disposal
DISPOSED

Holding

The court held that the petitioner is entitled to protection of his life, liberty, and possession, and directed the police to ensure such protection while the title dispute is adjudicated by the civil court.

Summary

The petitioner, Ashok Kumar Singh, filed a writ petition seeking protection of his life, liberty, and possession of a disputed parcel of land in East Champaran. He alleged that the respondents, including the Superintendent of Police and private individuals, were failing to provide adequate security against disturbance of his possession and the erection of a boundary wall. The petition also noted that a civil title suit (Suit No. 318 of 2025) concerning the same land was pending before the Sub Judge. Both parties consented to a disposition of the writ with appropriate directions, and the respondent counsel raised no objection. The court directed the police authorities to ensure protection of the petitioner’s and private respondents’ possession while the civil suit determines the ultimate title, and ordered the parties to pursue their claims before the civil court. The petition was consequently disposed of with these directions.

Issues considered

  • Whether the petitioner is entitled to writ relief for protection of life, liberty, and possession of disputed land pending a civil title suit.
  • Whether the court can direct the police to provide security and protect possession of the parties involved.

Subjects

  • writ jurisdiction
  • protection of life and liberty
  • possession of land
  • civil title suit
  • police protection
  • East Champaran

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Criminal Writ Jurisdiction Case No.1653 of 2025
                 Arising Out of PS. Case No.-247 Year-2025 Thana- CHHATAUNI District- East Champaran
                 ======================================================
                 Ashok Kumar Singh Son of Late Ram Ratan Ray @ Ram Ratan Singh
                 Resident of village- Balua Tal, Motihari, Police Station- Chhatauni, District-
                 East Champaran.
                                                                             ... ... Petitioner/s
                                                   Versus

           1.    The State of Bihar through the Home Secretary, Bihar, Patna Bihar
           2.    The Director General of Police, Bihar, Patna Patna
           3.    The Inspector General, Tirhut Range, Muzaffarpur Muzaffarpur
           4.    The District Magistrate, East Champaran, Motihari Motihari
           5.    The Superintendent of Police, East Champaran, Motihari Motihari
           6.    The Officer-in-charge, Chhatauni Police Station, East Champaran, Motihari.
                 East Champaran, Motihari
           7.    Anshu Singh Son of Suresh Singh Resident of Shrikrishna Nagar, P.S.-
                 Nagar, District- East Champaran, Motihari.
           8.    Kunal Singh Son of Sushil Singh Resident of village- Ahiraulia Bazar, P.S.-
                 Kotwa, District- East Champaran, Motihari
           9.     Munna Thakur Son of Late Ramanand Thakur Resident of village- Bada
                  Bariyarpur, P.S.- Chhatauni, District- East Champaran.
                                                                         ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Nilendu Kumar Choudhary, Advocate
                 For the State            :      Mr. Sheo Shankar Prasad, SC-8
                 For the Private respondents:    Mr. Rajeev Ranjan, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER

6   12-02-2026                  Learned counsel for the petitioner submits that he has

                   deposited the cost but he could not file the receipt before the

                   office and would be filing the same today itself.

                                2. The matter has been listed under the heading "For

                   Orders (On Petitions), but I intend to dispose of the petition with

                   the consent of the parties.

                                3. The present present has been filed seeking

                   following relief(s):-
Patna High Court CR. WJC No.1653 of 2025(6) dt.12-02-2026
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                                  "That the present writ application is being
                                  for issuance of appropriate writ/writs,
                                  order/orders,       direction/directions         to the
                                  respondent       authorities        particularly       the
                                  respondent no. 5, the Superintendent of
                                  Police,     East      Champaran,           Motihari     to
                                  provide adequate security to the petitioner
                                  for    maintaining         his     life    and      liberty
                                  particularly protecting the disturbance of
                                  dispossession as well as erecting boundary
                                  wall upon the land bearing Khata No.-52,
                                  Khesra No. 1548 measuring an area of 12
                                  kaththa and 19 dhurs situated at Mauza-
                                  Bada       Bariyarpur,           Police     Station       -
                                  Chhatauni, District - East Champaran,
                                  Motihari, which has been purchased by the
                                  wife of the elder brother namely Smt. Nilam
                                  Singh @ Neelam Singh through registered
                                  sale deed No.- 7714 dated- 04.06.2001,
                                  through sale          deed No. 14517 dated-
                                  12.09.2003 and through sale deed No. 5074
                                  dated- 09.08.2002 and/or for any other
                                  relief/reliefs for which the writ petitioner is
                                  found      entitled       under      the    facts     and
                                  circumstances of the case."
                      4. It has been jointly submitted by learned counsels

          for the parties that on the last date of hearing, the SHO of

          Chhatauni Police Station, East Champaran was directed to

          ensure protection of the possession of the petitioner as well as
Patna High Court CR. WJC No.1653 of 2025(6) dt.12-02-2026
                                            3/4




          private respondents having regard to the report of the Circle

          Officer about the specific possession of the parties.

                       5. Learned counsel for the petitioner submits that both

          the parties are in possession of their land and the petitioner has

          got the present writ for protection of his property. Already, Title

          Suit No. 318 of 2025 has been pending before the court of

          learned Sub Judge-IV, East Champaran, Motihari. As dispute

          between the parties is with regard to title and possession over

          3 katha 9 dhurs of land which should be decided by the learned

          Sub Judge. Learned counsel further submits that the present

          petition may be disposed of giving direction to the appropriate

          authority.

                       6. Learned counsel appearing on behalf of respondent

          nos. 7 and 9 submits that he has no objection in disposing of the

          petition with appropriate direction to the authorities for

          protection of the possession of the petitioner as well as private

          respondents.

                       7. In the light of submissions made on behalf of the

          parties, the State-respondents are directed to ensure protection

          of the possession of the petitioner as well as private respondents

          and the parties are directed to agitate their claim over any

          disputed piece of land regarding right, title and possession
            Patna High Court CR. WJC No.1653 of 2025(6) dt.12-02-2026
                                                        4/4




                      before the court of learned Sub Judge.

                                  8. With the aforesaid observation and direction, the

                      present petition stands disposed of.



                                                (Arun Kumar Jha, J)

    DKS/-

U       T


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