Patna High Court
Shobha DeviversusThe State Of Bihar Through Principal Secretary, Home Department, Old Secretariat, Bihar, Patna and
- Decided
- Disposal
- DISPOSED
- Bench
- JITENDRA KUMAR
Holding
The High Court held that the petitioner must pursue relief through the appropriate civil court and dismissed the criminal writ petition.
Summary
Shobha Devi filed a criminal writ petition seeking a police order to vacate land at Mouza Bela that had been illegally encroached upon by private respondents 8 and 9. The land was the subject of a civil suit (Suit No. 408 of 2011) in which an interim injunction had been granted, later dismissed for default and subsequently restored. During the period between dismissal and restoration, the respondents constructed on the land. The High Court observed that the dispute is already before the civil court and directed the petitioner to seek any relief through the appropriate civil proceedings, noting that any interim application filed there must be decided within prescribed time limits. Consequently, the writ petition was disposed, granting the petitioner liberty to approach the competent civil court. The order emphasizes the need to use the proper forum for property disputes rather than a criminal writ.
Issues considered
- Whether a criminal writ petition can be entertained to direct police action for vacating land when a civil suit concerning the same property is pending.
- Whether the High Court has jurisdiction to grant interim relief in a property dispute already before a civil court.
Subjects
- encroachment
- civil suit
- interim injunction
- criminal writ petition
- police
- jurisdiction
- property dispute
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.58 of 2019
Arising Out of PS. Case No.- Year-1111 Thana- District-
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Shobha Devi, W/o Sri Upendra Kumar Singh, Resident of Village-Jallapur,
P.O. Gela, P.S. Dariyapur, District-Saran.
... ... Petitioner
Versus
The State of Bihar Through Principal Secretary, Home Department, Old
Secretariat, Bihar, Patna
2. The Deputy General of Police, Old Secretariat, Govt. Bihar, Patna
3. The District Magistrate, Saran at Chapra,
4. The Superintendent of Police, Saran at Chapra.
5. Sub-Divisional Officer, Sonepur, Saran at Chapra.
6. Circle Officer, Dariyapur Block, District-Saran at Chapra.
7. The S.H.O., Dariyapur Police Station, District-Saran at Chapra
8. Rita Devi, W/o Nand Kishore Sah, Resident of Village-Banwaripur, P.O.
Jaitipur, (Dariyapur) P.S. Dariyapur, District-Saran at Chapra.
9. Sri. Bhagwan Singh, Son of Late Desi Singh, Resident of Village-Sikti,
P.O. Anjani (Parsa) P.S. Parsa at present resident of village-Bela (Tola
Mushari) P.O. Arvind Nagar (Dariyapur Nagar,) P.S. Dariyapur, District-
Saran.
... ... Respondents
======================================================
Appearance :
For the Petitioner : Mr. Anurag Saurav, Advocate
Mr. Ankesh Bibhu, Advocate
For the Respondents : Mr. Shashi Shekhar Tiwari, Advocate
Mr. Vijay Kumar Srivastava, Advocate
Mr. Abhishek Kumar, Advocate
Mr. Anshu Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR
ORAL ORDER
8 06-01-2026 The present Criminal Writ Petition has been
preferred by the Petitioner seeking direction to the police
authorities to take step to vacate the land measuring one katha
and ten dhoors bearing plot number 6022 of Khata no. 128
situated at Mouza Bela, District- Saran at Chapra which has
been illegally encroached by private respondent nos. 8 and 9. It
is further case of the petitioner that one civil suit bearing Title
Suit no. 408 of 2011 was filed by the petitioner which is
Patna High Court CR. WJC No.58 of 2019(8) dt.06-01-2026
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running in the court of learned Sub-Judge-II, Saran at Chapra
and in that suit, interim injunction was granted against the
respondent nos. 8 and 9 in favour of the Petitioner, restraining
them to enter the said land. However, this original suit was
dismissed for default and thereafter it was restored on
application by learned counsel for the petitioner but in the
interregnum between dismissal and restoration, the private
respondent nos. 8 and 9 encroached upon a part of the suit land
and made illegal construction. Hence, the petitioner is seeking
direction to the police authorities to vacate the said land.
2. Heard both the parties.
3. In view of the fact that the petitioner is already
before the Component Civil Court with regard to property in
question. The petitioner is required to move appropriate
application before the Competent Court for whatever relief he is
seeking. If any interim application is filed by the petitioner
before the competent Civil Court, the Court concerned will be
required to dispose of such application within two months after
getting a reply from the private respondent nos. 8 and 9. The
application must be disposed of within three months at any
costs, otherwise it would amount to violation of the order of this
Court.
Patna High Court CR. WJC No.58 of 2019(8) dt.06-01-2026
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4. With such observations, this application is disposed
of, giving liberty to the petitioner to move appropriate
application before the Competent Court.
(Jitendra Kumar, J.)
Chandan/-
U T
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