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Patna High Court

Kamrul NishaversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court held that the dispute is a civil land demarcation matter and the petitioner must first file a proper application for demarcation; therefore, the writ petition is disposed of without ordering police action.

Summary

The petitioner, a widow, filed a writ petition seeking a mandamus directing the police to register an FIR against a private respondent for alleged illegal construction on her land, an inquiry against the police officer for alleged collusion, and demarcation orders to restrain the private respondent from interfering with her house. The State argued that the dispute is a civil land demarcation issue, not a criminal matter, and that the petitioner should file a proper application for demarcation with the requisite fee. The Court held that the issues raised pertain to land demarcation and not to the registration of an FIR, and directed the petitioner to file an appropriate application for demarcation before the Circle Officer. Upon filing, the Circle Officer must conduct proceedings, give a hearing to all parties, and pass orders within eight weeks, adjudicating any title issues if they arise. Consequently, the writ petition was disposed of without granting any of the reliefs sought.

Issues considered

  • Whether the High Court can issue a writ of mandamus directing the police to register an FIR against the private respondent.
  • Whether an inquiry can be ordered against the police officer for alleged collusion in not registering the FIR.
  • Whether the Court can direct demarcation proceedings to restrain the private respondent from interfering with the petitioner's property.
  • Whether the petitioner is entitled to any other reliefs concerning the alleged illegal construction.

Subjects

  • land demarcation
  • writ of mandamus
  • FIR registration
  • police inaction
  • civil dispute
  • high court
  • petition dismissed

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.18367 of 2025
                 ======================================================
                 Kamrul Nisha Wife of Late Md. Pyare Sheikh Resident of Village- Bangaon,
                 Ward No.- 12, P.S.- Bajpatti, District- Sitamarhi (Bihar).

                                                                              ... ... Petitioner/s
                                                     Versus

           1.    The State of Bihar through the Collector, Sitamarhi.
           2.    The Superintendent of Police, Sitamarhi.
           3.    The Sub Divisional Magistrate, Sitamarhi.
           4.    The Officer Incharge, Bajpatti Police Station, District- Sitamarhi.
           5.    The Circle Officer, Bajpatti, District- Sitamarhi.
           6.    Md. Abdul Mannan, Son of Moslim, R/v- Bangaon, P.S.- Bajpatti, Dist.-
                 Sitamarhi.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :        Mr. Subodh Kumar, Advocate
                 For the Respondent/s   :        Mr. Standing Counsel 18
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                       ORAL ORDER

2   16-03-2026                   Heard learned counsel for the petitioner and learned

                   counsel for the State.

                                2. The writ petition has been filed for the following

                   reliefs :-

                                            I. For issuance of writ in the nature of
                                  mandamus         directing     and    commanding          the
                                  respondent authorities specially Supritendent of
                                  police to take steps in view of the application filed
                                  by the petitioner on 13.07.2025 to the concerned
                                  police officer on 29.08.2025 for lodging of the FIR
                                  against Md.Mannan, Bijali and others.
                                            II. For Further direction to the respondent
Patna High Court CWJC No.18367 of 2025(2) dt.16-03-2026
                                           2/3




                          authourities to hold and inquiry against the officer
                          in charge of Bajpatti Police Station who despite of
                          the application in collusion with the private
                          respondent has not registered FIR nor has taken
                          any steps and stating tight over the matter.
                                  III. For further direction to the respondent
                          Sub Divisional Magistrate, Sitamarhi and the
                          Circle Officer to initiate a proceeding for
                          demarcation restraining the private respondent not
                          to interfere in the house of the petitioner nor make
                          any construction over the house of the petitioner.
                                  IV. For further direction to the respondent
                          authorities to dispose of the representation of the
                          petitioner by reasoned and speaking order within
                          time framed.
                                  V. For any other relief/reliefs for which the
                          petitioner may be found entitled to.


                      3. Learned counsel for the petitioner submits that

          respondent No.6 has forcefully made certain constructions on

          the ground floor which is said to have been constructed by the

          petitioner while they were staying out of station, and the private

          respondents are claiming their share in the said land in question,

          while, the issues have already been dealt with by the Sarpanch,

          which is appended with the writ petition as Annexure-P/4.

                      4. On the other hand, learned counsel for the State

          submits that the nature of disputes requires demarcation of land
           Patna High Court CWJC No.18367 of 2025(2) dt.16-03-2026
                                                      3/3




                     (the complicated issues of title is not involved), for which the

                     petitioner may be directed to file appropriate application for

                     demarcation with requisite fee and on filing of such

                     representation for demarcation, coupled with the report of the

                     Sarpanch, necessary orders shall be passed after giving

                     opportunity of hearing to all the affected persons.

                                 5. In view of the submissions made by the parties, this

                     Court finds it appropriate that the petitioner shall file an

                     appropriate application with all supportive materials for

                     demarcation of land and on filing of such application for

                     demarcation, the Circle Officer, shall initiate proceedings and

                     after giving opportunity of hearing to all concerned, necessary

                     orders shall be passed and once the land is demarcated, the

                     necessary steps as provided under law shall be taken within a

                     period of eight weeks from the date of filing of such

                     representation, if the complicated issues of title is not found

                     being involved in the land in question, the same shall be

                     adjudicated.

                                 6. Accordingly, the writ petition stands disposed of.



                                                  (Ajit Kumar, J)
sharun/-

U


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