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Patna High Court

NIGAM CHANDRA MISHRAversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The writ petition is dismissed as misconceived, and the petitioner must pursue the civil remedy in the pending suit.

Summary

Petitioner Nigam Chandra Mishra filed a writ petition seeking a high‑level inquiry and administrative action against police officials (respondents 7 and 8) alleging misconduct in a property‑partition dispute with his brother (respondent 9). The dispute over ancestral land is already before the Civil Court (Title Suit No. 104 of 2003). The petitioner claimed that a police Section 144 proceeding was improperly initiated and later dismissed, and he sought judicial intervention via the writ. The High Court held that the writ petition was misconceived because the matter is essentially a civil dispute for which an efficacious civil remedy exists. Consequently, the court disposed of the writ petition, directing the petitioner to pursue his grievance through the pending civil suit.

Issues considered

  • What is the appropriate forum for adjudicating a civil property‑partition dispute that also involves alleged police misconduct?
  • Can a writ petition be entertained to direct a police inquiry when the underlying dispute is civil in nature?

Legislation cited

Subjects

  • civil dispute
  • property partition
  • writ petition
  • police misconduct
  • Section 144
  • alternative remedy
  • jurisdiction
  • high level inquiry

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Criminal Writ Jurisdiction Case No.808 of 2022
                 ======================================================
                 Nigam Chandra Mishra, Son Of Late Bhibhuti Bhushan Mishra, R/O
                 Mohalla- Raisar, P.S.- Kotwali, District- Munger

                                                                           ... ... Petitioner/s
                                                   Versus
           1.    The State Of Bihar
           2.    The Director General Of Police, Bihar, Patna
           3.    The Deputy Inspector General Of Police, Munger Range, Munger
           4.    The Superintendent Of Police, Munger
           5.    The Sub Divisional Police Officer, Sadar, Munger
           6.    The Officer-In-Charge, Kotwali Police Station, Munger
           7.    The In-Charge Police Outpost, Basudeopur, Munger Under Kotwali Police
                 Station, Munger
           8.    Sri Jai Prakah Singh, Sub Inspector Of Police, Son Of Not Known to
                 Petitioner, At Present Posted as In-Charge Police Outpost, Basudeopur,
                 Under Kotwali Police Station, Munger
           9.    Sri Vijay Bhushan Mishra, Son Of Late Rasik Lal Mishra, R/O Mohalla-
                 Raisar, P.S.- Kotwali, District- Munger
           10. Sri Sanjay Bhushan Mishra, Son Of Sri Vijay Bhushan Mishra, R/O
               Mohalla- Raisar, P.S.- Kotwali, District- Munger
           11. Sri Sumit Mishra @ Happy, Son Of Sri Sanjay Bhushan Mishra, R/O
               Mohalla- Raisar, P.S.- Kotwali, District- Munger

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr. Pravin Kumar Sinha, Advocate
                 For the State          :      Dr. Mankeshwar Tiwari, AC to AAG-3
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR
                                       ORAL ORDER

5   13-03-2026                   The present writ petition is not admitted till date.

                   However, notice was issued by a Co-ordinate Bench to the

                   respondents before admission of the present Writ Petition.

                                 2. Perused the writ petition. I am of the considered

                   view that it may be disposed of at this stage itself.

                                 3. Heard learned counsel for the petitioner and learned
Patna High Court CR. WJC No.808 of 2022(5) dt.13-03-2026
                                            2/3




          AC to AAG-3 for the State.

                       4. The present writ petition has been preferred by

          petitioner seeking direction to the respondents/police authorities

          to conduct high level inquiry into the matter of the petitioner

          and the conduct of the in-charge Basudeopur O.P., under

          Kotwali Police Station in the district of Munger and take

          administrative action against the respondent Nos. 7 and 8 who

          are police officials.

                       5. The factual background of the case is that the

          petitioner and respondent No.9 are brothers and there is dispute

          regarding partition of the landed property. As per the petitioner,

          the partition has been illegally effected by his brother Vijay

          Bhushan Mishra which has been challenged by the petitioner in

          the Civil Court by Title Suit No. 104 of 2003 pending in the

          Civil Court, Munger.

                       6. It is also alleged by the petitioner that one boundary

          has been raised by his respondent/brother and the boundary

          raised by the petitioner has been demolished. Hence, on account

          of illegal activity of the respondent No.9, information has been

          given to the police upon which proceeding under Section 144

          Cr.PC was initiated, but the same has been disposed of, against

          which, the petitioner has even preferred criminal revision and
              Patna High Court CR. WJC No.808 of 2022(5) dt.13-03-2026
                                                          3/3




                        the same has also been dismissed. Hence, the petitioner is before

                        this Court seeking inquiry into the dispute between his brother

                        and action against police officials.

                                     7. In my considered view, the present writ petition is

                        misconceived. It is a civil dispute between the petitioner and

                        respondent No.9 in regard to their ancestral property for which

                        the petitioner has alternative efficacious remedy by way of

                        appropriate civil suit which has already been preferred before

                        the Civil Court.

                                     8. Hence, the present writ petition is disposed of with

                        liberty to the petitioner to agitate all the grievances in regard to

                        the property before the Civil Court where the Title Suit No. 104

                        of 2003 is pending. If the petitioner prefers any interlocutory

                        application before the Civil Court for any interim relief in

                        regard to the property in question, learned Civil Court is duty

                        bound to dispose of it at the earliest as per law.



                                                                  (Jitendra Kumar, J.)
S.Ali/-

U         T


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