Patna High Court
Ashok Kumar SinghversusThe State of Bihar through the Home Secretary, Bihar, Patna
- Decided
- Disposal
- DISPOSED
- Bench
- ARUN KUMAR JHA
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
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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
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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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