Patna High Court
Varun Kumar Mehta @ Varun KumarversusThe State of Bihar through the Secretary, Deptt. of Home Affairs, Govt. of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ALOK KUMAR PANDEY
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
- B.N.S.S. — s. 163
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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