Patna High Court
Chandradeo Mahton,versusThe State of Bihar
- Decided
- Disposal
- WITHDRAWN
- Bench
- RAJIV ROY
Holding
The petition was dismissed as withdrawn.
Summary
Chandradeo Mahton filed a writ petition in the Patna High Court seeking a certiorari to quash a notice dated 5 September 2019 issued by the Officer in Charge of Dharhara Police Station, which directed his wife to attend a joint meeting for land measurement and document verification. The petitioner argued that the notice was issued without jurisdiction, as a title suit concerning the same land was pending before the Sub‑Judge of Munger and civil remedies were available. He contended that the police had no authority to compel participation in such a meeting. The petitioner’s counsel later moved for withdrawal of the petition. The Court, noting the withdrawal, dismissed the writ petition as withdrawn. No substantive merits were adjudicated.
Issues considered
- Whether the Officer in Charge of a police station has jurisdiction to issue a notice directing participation in a land measurement meeting.
- Whether the issuance of such a notice violates the petitioner's right to due process given a pending title suit.
Subjects
- certiorari
- jurisdiction
- police notice
- land dispute
- title suit
- civil writ jurisdiction
- withdrawn petition
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.19332 of 2019
======================================================
Chandradeo Mahton, Son of Late Ayodhya Mahton, resident of Village-
Jagdishpur, Post and Police Station- Dharhara, District- Munger.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, the Land Revenue
Department, Bihar, Patna.
2. The District Magistrate, Munger.
3. The Superintendent of Police, Munger.
4. The Sub Divisional Officer, Munger.
5. The Circle Officer, Dharhara, Munger.
6. The Officer in Charge, Dharhara Police Station, Munger.
7. Chandrashekhar Yadav, Son of Medi Yadav, resident of Village- Ora
Bagicha, Post and Police Station- Dharhara, District- Munger.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ratnakar Ambastha, Advocate
For the State : Mr. Sajid Salim Khan, SC-25
======================================================
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):
“(i) for issuance of a writ in the nature
of certiorari quashing the notice dated
05.09.2019 issued by Officer in charge police
station Dharhara, Munger (respondent no.6) to
the petitioner's wife by which the petitioner has
been directed to participate in a joint meeting to
be held in police station for measurement of land
Patna High Court CWJC No.19332 of 2019(3) dt.03-02-2026
2/2
and verification of document at 11 A.m. on
07.09.2019 without considering the fact that
Title suit filed by the petitioner is pending
consideration in respect of the same land in the
court of learned Sub-Judge, Munger and the
civil alternative occasions are available to the
parties and at the same time the Officer in
charge(respondent no.6) has got no jurisdiction
to send notice to the petitioner.
(ii) for issuance of any other
appropriate writ(s) or order(s) or direction(s)
which may be deemed fit and proper in the facts
and circumstances of the case.”
3. Mr. Ratnakar Ambastha, learned counsel for the
petitioner prays for withdrawal of the petition.
4. Accordingly, the writ petition is dismissed as
withdrawn.
(Rajiv Roy, J)
vinayak/-
U
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