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Patna High Court

Varun Kumar Mehta @ Varun KumarversusThe State of Bihar through the Secretary, Deptt. of Home Affairs, Govt. of Bihar

Decided
Disposal
DISPOSED

Holding

A notice under Section 163 of the B.N.S.S. loses its force after two months and is not suitable for complex land‑title disputes, so the writ seeking its quash is dismissed.

Summary

Varun Kumar Mehta filed a writ of certiorari in the Patna High Court seeking to quash a notice dated 20‑12‑2024 issued by the Sub‑Divisional Magistrate under Section 163 of the B.N.S.S. He argued that the notice’s effect expires after two months and therefore should no longer be operative. The State conceded that the notice was limited to a two‑month period and further contended that the dispute involved complex questions of right, title and possession of land, which are not within the ambit of Section 163, and that the proceedings had already been dropped by a memo dated 21‑03‑2025. The Court examined these submissions and noted that the notice had indeed lapsed and was unsuitable for the matter at hand. Consequently, the writ was disposed of without granting any relief, with the Court directing the petitioner to approach the appropriate forum for any further grievance. The order effectively dismisses the petition while leaving the petitioner free to seek redress elsewhere.

Issues considered

  • Whether a notice issued under Section 163 of the B.N.S.S. remains effective after the prescribed two‑month period
  • Whether Section 163 of the B.N.S.S. is applicable to complex disputes concerning right, title and possession of land
  • Whether the petitioner is entitled to have the notice quashed

Legislation cited

Subjects

  • certiorari
  • Section 163
  • notice
  • land dispute
  • right title possession
  • High Court
  • petition dismissed

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Criminal Writ Jurisdiction Case No.462 of 2025
                 ======================================================
                 Varun Kumar Mehta @ Varun Kumar S/o Sh. Kedar Nath Mehta R/o Katra
                 Bazar, P.s.- Malasalami, Distt.- Patna.

                                                                          ... ... Petitioner/s
                                                  Versus
           1.    The State of Bihar through the Secretary, Deptt. of Home Affairs, Govt. of
                 Bihar Patna
           2.    Sub Divisional Magistrate, Patna City, Bihar
           3.    The Senior Superintendent of Police, Patna
           4.    The P.S. In-Charge, Malsalami Police Station, Patna Bihar
           5.    Saiyad Wasim Hasan S/o Saiyad Sharful Hasan R/o Mohalla- B.M. Das
                 Road, Bankipur ward no. 41, P.O.- Bankipur, P.S.- Pirbahor, Distt.- Patna

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr. Surya Swetabh, Adv.
                                               Mr. Sagar Suman, Adv.
                 For the Respondent/s   :      Mr. Ravi Kumar, A.C. to G.P. 13
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
                                       ORAL ORDER

3   17-03-2026                    Heard the parties.

                                 2. The present writ in the nature of certiorari has been

                   preferred for quashing the notice dated 20.12.2024 initiated by

                   the Court of learned S.D.M., Patna City under Section 163 of

                   B.N.S.S. in Misc. Case No.976/2024.

                                 3. Learned counsel for the petitioner submits that the

                   notice under Section 163 of B.N.S.S. has been issued on

                   20.12.2024 and two months have already elapsed from the date

                   of issuing the notice. In this way, the force of notice has come to

                   an end.

                                 4. Learned counsel for the State has conceded that the
           Patna High Court CR. WJC No.462 of 2025(3) dt.17-03-2026
                                                       2/2




                     notice under Section 163 of B.N.S.S. has been issued and the

                     effect of notice should be only for two months from the issuance

                     thereof. He has also cited para 8 stating that the matter relates

                     to complex question of right, title and possession over the land

                     in question which is not possible under the provision of Section

                     163 B.N.S.S. and the proceeding of said case has already been

                     dropped by Memo No. 442 dated 21.03.2025 as annexed at

                     Annexure-R/A and the concerned parties have been given

                     liberty to approach the concerned court.

                                  5. In the light of aforesaid facts and circumstances of

                     the case and considering the submissions advanced by both

                     sides, the present writ stands disposed of with liberty to the

                     petitioner that if the petitioner has any further grievance, he may

                     approach appropriate forum.


                                            (Alok Kumar Pandey, J)

amitkumar/-

U      T


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