Patna High Court
Kamrul NishaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- AJIT KUMAR
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
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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
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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
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(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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