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Patna High Court

Tribhuwan SinghversusThe State of Bihar through the Director General of Police, Bihar, Patna

Decided
Disposal
DISPOSED

Holding

The petition is disposed as the house dispute is not suitable for summary criminal writ procedure.

Summary

Petitioner Tribhuwan Singh sought a writ of mandamus to restrain the SHO from evicting him from his house, invoking an earlier order (Cr.W.J.C. No.393 of 2023) that the status quo be maintained until the disposal of Title Suit No.246 of 2019. Respondent No.8, Ekta Prakash, counter‑claimed that the petitioner was causing disturbance. Both parties admitted a dispute over possession of the house and presented mutual grievances. The Court held that a property dispute is not amenable to summary criminal writ procedure and must be resolved in the appropriate forum, thereby disposing of the petition. The parties agreed to install CCTV cameras, and the SHO was directed to monitor the footage monthly.

Issues considered

  • Whether a criminal writ petition can be entertained to enforce a status‑quo order and restrain eviction in a property dispute
  • Whether the Court can grant mandamus in a matter that is essentially a civil/land dispute

Subjects

  • mandamus
  • criminal writ jurisdiction
  • property dispute
  • status quo
  • eviction
  • summary procedure
  • CCTV monitoring

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Criminal Writ Jurisdiction Case No.352 of 2025
                 ======================================================
                 Tribhuwan Singh Son of Haridwar Singh Resident of Village - Panal Patna,
                 P.S. - Bihta, District - Patna
                                                                            ... ... Petitioner
                                                    Versus
           1.     The State of Bihar through the Director General of Police, Bihar, Patna
                  Bihar
           2.    The Special Secretary, Home (Special Branch) Department, Bihar, Patna
                 Bihar
           3.    The District Magistrate, Patna, Bihar Bihar
           4.    The Senior Superintendent of Police, Patna Bihar
           5.    The Additional District Magistrate, Law and Order, Patna Bihar
           6.    The Sub-Divisional Magistrate, Danapur, Patna Bihar
           7.    The Station House Officer, Phulwarishariff, Patna Bihar
           8.     Ekta Prakash Wife of Nagmani Pintu Resident of Harnichak, P.O. and P.S. -
                  Phulwarishariff, District - Patna
                                                                        ... ... Respondents
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :       Mr. Vinay Ranjan, Adv.
                                                 Mr. Abhishek Teerthankar, Adv.
                                                 Mr. Utkarsh Ranjan, Adv.
                 For the State           :       Mr. S.C-15
                 For Resp. No. 8                 Mr. Rajendra Narain, Sr. Adv.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
                                       ORAL ORDER

6   07-04-2026                   In the present case, the petitioner has prayed for the

                   following relief(s):-

                                               "For issuance of a writ in the nature of
                                    mandamus for restraining the respondent authorities,
                                    especially, SHO, Phularisharif Police Station from
                                    evicting the petitioner from his own house in terms
                                    of Order dated 28.04.2023 passed in Cr.W.J.C. No.
                                    393 of 2023 and further directing the respondent
                                    authorities to take appropriate action against the
                                    erring officers for violating the order of this Hon'ble
                                    Court and further for issuance of any other
Patna High Court CR. WJC No.352 of 2025(6) dt.07-04-2026
                                            2/3




                          appropriate writ or writs, order or orders it may
                          deem fit and proper by this Hon'ble Court."


                       2. Learned counsel for the petitioner has submitted

          that despite the order being passed by a co-ordinate Bench of

          this Court in Cr.W.J.C. No. 393 of 2023, the petitioner is being

          disturbed by the respondent no. 8 at the house in question where

          the petitioner is residing.

                       3. On the contrary, learned counsel for respondent no.

          8 has also submitted that petitioner is creating disturbance

          though there is specific order in Cr.W.J.C. No. 393 of 2023 by a

          co-ordinate Bench of this court that till disposal of Title Suit No.

          246 of 2019, the status quo as on the date shall be maintained

          i.e. respondent no. 6 (respondent no. 8 herein) and petitioner

          both shall reside in the same house simultaneously.

                       4. Learned counsel for the State has submitted that if

          the parties have grievance against each other, they may

          represent their grievance before the concerned authority.

                       5. Both parties have their own grievance with regard

          to residing at the said house and they are making allegation and

          counter allegation against each other.

                       6. In the light of aforesaid facts and circumstances of

          the case, it appears that there is a dispute over the house in
           Patna High Court CR. WJC No.352 of 2025(6) dt.07-04-2026
                                                       3/3




                     question between the parties and the house in question is the

                     bone of contention between the parties and where there is

                     disputed aspect of land or another personal dispute is involved,

                     the same cannot be decided through summary procedure and for

                     the said dispute, parties have proper remedy before the

                     appropriate forum. Accordingly, the present criminal writ

                     petition stands disposed of.

                                  7. At this stage, learned counsel appearing for both the

                     parties have orally admitted that they are ready to install CCTV

                     cameras on respective side of their residential accommodation

                     so that their activities could be monitored through CCTV

                     footage by the S.H.O., Phulwarisharif, Patna on monthly basis.

                                  8. In the light of aforesaid submission, S.H.O.,

                     Phulwarisharif, Patna is directed to monitor the activities of both

                     parties through CCTV footage of the cameras installed on

                     respective side of their residential accommodation on monthly

                     basis.


                                            (Alok Kumar Pandey, J)


shahzad/-k.c.jha

U      T


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