Patna High Court
NARESH TANTI @ NARESH KUMARversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ARUN KUMAR JHA
Holding
The petition is not maintainable and is dismissed as the earlier order has been complied with.
Summary
Naresh Tanti filed a criminal writ petition in the Patna High Court seeking to quash a letter dated 31‑03‑2022 issued by the Sub‑Divisional Magistrate ordering him to vacate disputed land and to restrain the State from executing the vacate order until the petition was decided. He claimed that, pursuant to an earlier judgment of this Court dated 19‑01‑2018 in Criminal Writ Jurisdiction Case No. 702 of 2016, he had already vacated the land and sold it to the earlier petitioner. The State contended that the present petition was filed to frustrate the earlier order and was therefore misconceived and non‑maintainable. The Court observed that the earlier order had been complied with, leaving no operative issue, and dismissed the petition as not maintainable. Consequently, the writ petition was disposed of without any further relief.
Issues considered
- Whether the criminal writ petition seeking quash of the vacate order is maintainable in view of the earlier judgment dated 19‑01‑2018.
- Whether the petitioner’s compliance with the earlier order bars the present petition.
- Whether the Court can stay execution of an order that has already been complied with.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 145
Subjects
- criminal writ
- land dispute
- vacate order
- Section 145 CrPC
- petition dismissed
- compliance with judgment
- stay order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.522 of 2022
Arising Out of PS. Case No.- Year-0 Thana- District- Khagaria
======================================================
Naresh Tanti @ Naresh Kumar Son of Late Anandi Tanti Resident of Village -
Mahaddipur, P.s.- Pasraha, Distt.- Khagaria.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Distt. Magistrate, Khagaria. Bihar
3. Sub divisional magistrate , Gogri, Distt. Khagaria. Bihar
4. Anchal Adhkari Parbatta, Sub Division Gogri, Distt. Khagaria. Bihar
5. Officer in charge, Pasraha, P.s.- Pasraha, Distt. Khagaria. Bihar
6. Amar Kumar Sinha Son of Late Kameshwar Prasad Sinha Resident of
Village - Laxmi Nagar, P.O. and P.S.- Gogri, Distt.- Khagaria.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Arun Kumar, Adv.
For the Respondent/s : Mr.Sajid Salim Khan, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
4 13-01-2026 The present criminal writ petition has been filed
seeking following relief(s):
“(i) To quash the Letter bearing D.B No.
318 dt. 31.03.22 in Case No. 468(M)/ 1994
U/s 145 Cr.P.C. issued under the signature
of Sub-Divisional Magistrate, Gogri to
vacate the disputed land on the basis of an
order dt. 19.01.18 passed by the Hon’ble
Court in Cr.W.J.C. No. 702/ 16 and to
restrain the state/respondents from
vacating the land under dispute till
disposal of this application as in the land
possess by the petitioner his pucca
residential house in which the petitioner
with their family member are living.
(ii) To pass any such other order or orders
Patna High Court CR. WJC No.522 of 2022(4) dt.13-01-2026
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as this Hon’ble Court thinks fit & proper
under the facts & circumstances of this
case.”
2. Learned counsel for the petitioner submits that in
the light of orders of this Court dated 19.01.2018 passed in
Criminal Writ Jurisdiction Case No. 702 of 2016, the petitioner
has vacated the land in question. Learned counsel further
submits that the petitioner of Cr.WJC No. 702 of 2016 has now
sold out the land in favour of the petitioner.
3. Learned counsel appearing on behalf of
respondents-State submits that the present writ petition is
completely misconceived as in order to circumvent the order
dated 19.01.2018 passed in Cr.WJC No. 702 of 2016, the
present writ petition has been filed. The Sub Divisional
Magistrate, Gogri proceeded in the matter towards compliance
of aforesaid order of this Court dated 19.01.2018 and the
petitioner, in order to frustrate the claim of the petitioner of
Cr.W.J.C. 702 of 2016, filed the present petition.
4. Apparently, the present writ petition has been filed
under misconceived notion and to stop the execution of the
order dated 19.01.2018 of the Co-ordinate Bench and hence, it
is not maintainable. Moreover, as the learned counsel for the
petitioner admitted that the petitioner has already vacated the
Patna High Court CR. WJC No.522 of 2022(4) dt.13-01-2026
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land in question and the orders of the learned Co-ordinate Bench
dated 19.01.2018 passed in Cr.W.J.C. No. 702 of 2016 also
stands complied, nothing remains in the present matter and the
same is disposed of as such.
(Arun Kumar Jha, J)
Anuradha/-
U T
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