Patna High Court
Padmavati DeviversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The court allowed the substitution of heirs and disposed of the writ petition, directing that criminal intimidation matters be pursued before police or administrative authorities.
Summary
The petitioners, claiming possession of a parcel of land for a century, filed a writ petition seeking protection from dispossession by private respondents and to restrain them from attempting to take over the land. An interlocutory application was filed to delete the name of the deceased petitioner Padmavati Devi and substitute her legal heirs in the writ petition. The respondents did not object to the substitution, and the court allowed the application, directing that the heirs be substituted. The State counsel argued that the petitioners' apprehension of criminal intimidation should be addressed to the police or administrative authorities, not the High Court. Accepting this submission, the court held that the writ petition was not the appropriate forum for such criminal matters and disposed of the petition, directing the petitioners to approach the police or Sub‑Divisional Magistrate for relief.
Issues considered
- Whether a writ petition for protection from dispossession is maintainable when the grievance involves alleged criminal intimidation.
- Whether the name of a deceased petitioner can be deleted and the legal heirs substituted in the writ petition.
Subjects
- writ petition
- land dispossession
- substitution of heirs
- interlocutory application
- criminal intimidation
- police jurisdiction
- High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.16186 of 2023
======================================================
1.1 Krismohan Tripathi, Son of Late Radha Raman Tiwari @ Radharamn Tiwari
(Son of Deceased).
1.2 Gita Devi, Wife of Late Madanmohan Tiwari (Daughter-in-Law of
Deceased).
1.3 Rajnish Tiwari, Son of Late Madan Mohan Tiwari (Grandson of Deceased).
1.4 Manish Tripathi, Son of Late Madan Mohan Tripathi (Grandson of
Deceased).
1.5 Patanjali Tripathi @ Patanjali Kumar Tripathi, Son of Late Madan Mohan
Tripathi (Grandson of Deceased).
All aforesaid are resident of Village Parsauni, Manjhariya, Ward No. 10,
P.S.- Bhairoganj, District- West Champaran.”
2. Rakesh Tiwari, S/o Late Radha Raman Tiwari, Resident of Village-
Parsauni, Manjhariya, P.S. - Bhairoganj, Dist. - West Champaran.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Revenue and Land
Reforms, Bihar, Patna.
2. The Collector, West Champaran, Bettiah.
3. The Deputy Collector Land Reforms, Bagaha - 1, West Champaran.
4. The Circle Officer, Bagaha - 1, West Champaran.
5. Binod Pati Tiwary, Son of Late Biswanath Pati Tiwary, Resident of Village -
Manjhariya, P.S. - Bhairoganj, Bagaha - 1, Distt. - West Champaran.
6. Ajay Pati Tiwary, Son of Late Biswanath Pati Tiwary, Resident of Village -
Manjhariya, P.S. - Bhairoganj, Bagaha - 1, Distt. - West Champaran.
7. Sunil Pati Tiwary, Son of Late Biswanath Pati Tiwary, Resident of Village -
Manjhariya, P.S. - Bhairoganj, Bagaha - 1, Distt. - West Champaran.
8. Lal Saheb Mishra, S/o- Late Daroga Mishra, Resident of village - Parsauni,
Manjhariya, P.S. - Bhairoganj, Dist. - West Champaran.
9. Baijnath Chaudhary, S/o - Nichhattar Chaudhary, Resident of village -
Parsauni, Manjhariya, P.S. - Bhairoganj, Dist. - West Champaran.
10. Kiran Devi, W/o - Ripu Pati Tiwari, Resident of village - Parsauni,
Manjhariya, P.S. - Bhairoganj, Dist. - West Champaran.
11. Pradeep Ram @ Pradeep Kumar, S/o Harendra Ram, resident of village -
Mehadi, P.S. - Chautarwa, Dist. - West Champaran.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amit Shrivastava, Sr. Advocate
Mr. Shahbaz Alam, Advocate
Patna High Court CWJC No.16186 of 2023(2) dt.07-04-2026
2/4
Mr. Girish Pandey, Advocate
Mr. Ali Ahmad, Advocate
For the Respondent/s : Mr. Sajid Salim Khan, SC-25
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 07-04-2026 I.A. No. 01 of 2025
The aforesaid Interlocutory Application has been
preferred for deleting/expunging the name of the petitioner no. 1,
namely Padmavati Devi who died on 25.06.2025 with the legal
heirs as follows:-
“(i) Krismohan Tripathi, Son of Late Radha
Raman Tiwari @ Radharamn Tiwari (Son of Deceased).
(ii) Gita Devi, Wife of Late Madanmohan Tiwari
(Daughter-in-Law of Deceased).
(iii) Rajnish Tiwari, Son of Late Madan Mohan
Tiwari (Grandson of Deceased).
(iv) Manish Tripathi, Son of Late Madan Mohan
Tripathi (Grandson of Deceased).
(v) Patanjali Tripathi @ Patanjali Kumar
Tripathi, Son of Late Madan Mohan Tripathi (Grandson of
Deceased).
All are resident of Village Parsauni, Manjhariya,
Ward No. 10, P.S.- Bhairoganj, District- West Champaran.”
2. The respondents have no objection.
3. In that background, I.A. No. 01 of 2025 is allowed.
Patna High Court CWJC No.16186 of 2023(2) dt.07-04-2026
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4. Let the heirs of late Padmavati Devi (petitioner no.
1), as recorded above, be substituted in the writ petition.
5. Office to do the needful.
CWJC No. 16186 of 2023
6. Heard Mr. Amit Shrivastava, learned Senior counsel
for the petitioners duly assisted by Mr. Shahbaz Alam and Mr. Arif
Daula Siddique for the State.
7. The present petition has been preferred for the
following relief(s):
“(i) For the petitioners and the vendee
(respondent No. 8 to 11) be protected at the cost of
the state from being dispossessed from the land in
question legally and validly held by them.
(ii) For the private respondents be
restrained in making attempt to dispossess the
petitioners and the vendee (respondent No. 8 to 11)
from the land in question without any authority of
law.
(iii) To pass such other order/orders
and/or direction/directions as may be deem fit and
proper to secure the ends of justice.”
8. The petitioners claim that they are in possession of
the land in question for the last one century but time and again,
Patna High Court CWJC No.16186 of 2023(2) dt.07-04-2026
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through different means, the respondents try to take possession of
the land and in continuation of that, the Bagha (Bhairoganj) P.S.
Case No. 413 of 2023 has been lodged under appropriate sections
on 13.06.2023.
9. Learned State counsel submits that when the case of
the petitioners is/are that they are in possession of the land and an
FIR has been lodged, if they have any apprehension as made in the
prayer should have approached the Police Authority/Sub
Divisional Magistrate instead of approaching Patna High Court.
10. This Court finds force in the submission of the
learned State counsel. If the family has any apprehension/criminal
intimidation, the appropriate course is Police/Administrative
Officials and not the Patna High Court.
11. At this Stage, learned Senior counsel for the
petitioners submit that they shall be taking appropriate steps in
accordance with law.
12. Granting said liberty, the writ petition stands
disposed of.
(Rajiv Roy, J)
Adnan/-
U
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