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Patna High Court

Ram Umesh Rai @ Umesh RaiversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The petition is dismissed as the allegations are unsubstantiated and the police have taken appropriate steps.

Summary

Ram Umesh Rai filed a civil writ petition seeking a direction to the State authorities to prevent alleged nuisance by vested interests on his land. The petition alleged that despite multiple representations, the respondents had failed to act. The State, represented by the District Magistrate and police officials, denied the allegations and submitted a police report indicating steps were being taken to maintain peace. The court examined the counter‑affidavit and the police report, finding no substantive basis for the relief claimed. Consequently, the court disposed of the petition, noting that the matter was adequately addressed by the police and no further intervention was required.

Issues considered

  • Whether the court can issue a direction to the State authorities to prevent alleged nuisance on the petitioner's land
  • Whether the petitioner's allegations are substantiated enough to merit relief

Subjects

  • civil writ jurisdiction
  • land nuisance
  • preventive direction
  • state authority
  • police report
  • petition dismissed

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.18151 of 2019
                 ======================================================
                 Ram Umesh Rai @ Umesh Rai Son of Sri Muneshwar Roy Resident of
                 Village- Birnamatula, P.O. and P.S.- Angarghat, Anchal- Ujiarpur, District-
                 Samastipur.


                                                                                ... ... Petitioner/s
                                                    Versus
           1.    The State of Bihar through the District Magistrate, Samastipur.
           2.    The District Magistrate, Samastipur.
           3.    The Superintendent of Police, Samastipur.
           4.    The Officer-in-charge, Angarghat Police Station, Samastipur.
           5.    Bindeshwar Mahato Son of Lat Jaddu Mahato Resident of Village-
                 Birnamatula, P.O. and P.S.- Angarghat, Anchal- Ujiarpur, District-
                 Samastipur.


                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Ajit Kumar, Advocate
                 For the State            :        Mr. Sheo Shankar Prasad (SC-8)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

3   03-02-2026                    Heard the parties.

                                 2. The present petition has been preferred for the

                   grant of following relief(s):

                                                   “for    necessary      direction      to   the

                                        superior     respondent-authorities         to   prevent

                                        nuisance by certain vested interest over the

                                        petitioner’s land, details of the land is mentioned

                                        in the body of the writ petition despite series of

                                        representations and reminders thereto to the

                                        respondents.”
            Patna High Court CWJC No.18151 of 2019(3) dt.03-02-2026
                                                       2/2




                                  3. A counter affidavit on behalf of the Deputy

                      Superintendent of Police, Samastipur is on record and it has

                      denied the allegation made in the writ petition. The report of the

                      SHO, Angarghat submitted to the Superintendent of Police,

                      Samastipur has also been brought on record by way of

                      Annexure-A. Paragraph no. 16 further shows that the Police is

                      taking all steps to maintain peace between the parties.

                                  4. In that background, nothing remains, the writ

                      petition is disposed of with the aforesaid observation.



                                                    (Rajiv Roy, J)
vinayak/-

U


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