Patna High Court
Meharjun Khatun @ Meharajun NishaversusThe State Of Bihar and Ors
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The writ petition was dismissed; no writ was issued, and the petitioner was directed to approach the appropriate authority for relief.
Summary
Meharjun Khatun filed a writ petition seeking a writ, order or direction to protect her from private respondents who were allegedly trying to forcibly dispossess her of a portion of her land (Plot No. 146, Khata No. 39, Mauza Manman). She claimed to have purchased the land by a registered sale deed dated 24‑01‑2006, obtained mutation on 16‑04‑2008, and constructed a house on it. The respondents, including the State of Bihar and several officials, filed a counter‑affidavit stating that the land had been measured, that the private respondents were in possession, and that a police enquiry and a non‑FIR under Section 107 of the Cr.P.C. had been filed. The petitioner’s counsel indicated that he would approach the appropriate authority for redress. The court, after hearing, granted liberty to approach the appropriate authority and disposed of the writ petition without granting any writ relief.
Issues considered
- Whether the petitioner is entitled to a writ of protection against private respondents disturbing her possession of the land.
- Whether the High Court can intervene in a land‑possession dispute based on the police enquiry and non‑FIR.
- Whether the filing of a non‑FIR under Section 107 Cr.P.C. suffices to restrain the private respondents.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 107
Subjects
- land dispute
- possession
- civil writ jurisdiction
- protective writ
- non‑FIR
- Section 107 Cr.P.C.
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.11842 of 2018
======================================================
Meharjun Khatun @ Meharajun Nisha W/o Md. Salim Ansari, R/o Village-
Manman, P.S.- Barsoi, District- Katihar.
... ... Petitioner/s
Versus
1. The State Of Bihar
2. The District Magistrate, Katihar.
3. The Sub-Divisional Officer, Barsoi, District- Katihar.
4. The Superintendent of Police, Katihar.
5. The Circle Officer, Barsoi, District- Katihar.
6. The Sub Inspector, P.S.- Barsoi, District- Katihar.
7. Md. Farid Ansari, S/o Late Safiruddin Ansari,
8. Md. Kuddus Ansari, S/o Late Safiruddin Ansari,
9. Md. Sahwat, S/o Late Md. Yakub,
10. Md. Siddique, S/o Late Md. Yakub,
11. Md. Akhtar, S/o Late Aklim Ansari, All 7 to 11 resident of Manman, P.S.-
Barsoi, District- Katihar.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Md. Ataur Rahman, Advocate
For the State : Mr. Md. N.H. Khan, SC-1
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
4 27-02-2026 Heard the parties.
2. The present petition has been preferred for the
grant of following relief(s):
“for issuance of appropriate writ,
order or direction to the respondent concerned
to protect the petitioner from being disturbed by
the private respondents as they are trying to
dispossess the petitioner forcibly from some part
of her land.”
Patna High Court CWJC No.11842 of 2018(4) dt.27-02-2026
2/3
3. A counter affidavit of the Additional
Superintendent of Police, Katihar is on record after service of
copy to the learned counsel for the petitioner on 03.08.2018.
The paragraph no. 5 and 6 of the said counter affidavit read as
follows:
“5. That Plot No. 146 measuring area 12
dec. of Khata No. 39 of Mauza Manman of
Thana Barsoi of this district Katihar is the
subject matter of this case. The petitioner has
stated that she has purchased the same through
registered sale deed dated 24.01.2006 from one
Md. Salim Ansari & Others. She same in
possession and constructed her house over a
part of the aforesaid land. She has got her name
mutated vide order dated 16.04.2008. She has
alleged that the land has been got measured and
demarcated by Anchal Amin but the private
respondents no. 7 to 11 have started to disturb
her over a part of the land in question.
6. That the petitioner submitted
applications regarding the matter before
authorities. The land had been got measured by
Patna High Court CWJC No.11842 of 2018(4) dt.27-02-2026
3/3
Anchal Amin vide measurement record No.
45/16-17. An enquiry report from the Barsoi
Police was called for by the SDM Barsoi. The
Police enquired into the matter and submitted a
repot on 20.06.2018 according to which the land
has been purchased by the writ petitioner but
during spot verification it has been found that
the private respondents are in possession of the
said land. In this regard the officer has submitted
a report to Sub-Divisional Magistrate, Barsoi.
The officer has also submitted Non FIR No.
45/2018 dated 06.06.2018 u/s 107 Cr.P.C against
the private respondents.”
4. In that background, learned counsel for the
petitioner submits that he shall be approaching the appropriate
authority/court for the redressal of the grievance.
5. Granting said liberty, the writ petition is disposed
of.
(Rajiv Roy, J)
vinayak/-
U
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