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Patna High Court

Ram Udit YadavversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court held that the direction already issued by the Circle Officer was adequate and therefore disposed of the writ petition without granting further relief.

Summary

The petitioner, Ram Udit Yadav, filed a writ petition seeking an order directing the respondents to provide adequate security so that he could carry out construction on his land (Khata No. 271, Plot No. 2838). The State counsel produced a letter dated 20‑07‑2016 showing that the Circle Officer, Obra had already instructed the Sub‑Head Officer to maintain law and order during the petitioner’s construction activities. The High Court examined whether any further direction was required. Satisfied that the existing direction was sufficient, the Court held that the petitioner could approach the Sub‑Divisional Magistrate if any grievance remained. Consequently, the writ petition was disposed without granting any new relief.

Issues considered

  • What relief, if any, is the court required to grant to ensure security for the petitioner’s construction activities?
  • Whether the existing direction issued by the Circle Officer, Obra, suffices to meet the petitioner’s security concerns.

Subjects

  • writ petition
  • security
  • construction
  • land
  • civil writ jurisdiction
  • law and order
  • direction
  • circle officer
  • sub‑divisional magistrate

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.20576 of 2019
                 ======================================================
                 Ram Udit Yadav Son of Late Rampati Yadav, Resident of Village-Bharub,
                 P.S.-Obra, District-Aurangabad.

                                                                    ... ... Petitioner/s
                                              Versus
           1.    The State of Bihar through the District Magistrate Cum Collector,
                 Aurangabad.
           2.    The Superintendent of Police, Aurangabad.
           3.    The Sub Divisional Oficer, Daudnagar, District Aurangabad.
           4.    The Deputy Superintendent of Police, Daudnagar, District-Aurangabad.
           5.    The Circle Officer, Obra Block Sub Division Daudnagar, District-
                 Aurangabad.
           6.    The Officer-In-Charge, Obra Police Station, District Aurangabad.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :     Mr. Kamlendra Pd. Singh, Advocate
                 For the Respondent/s   :     Mr. Manoj Kumar Sinha, AC to SC-19
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

3   03-02-2026                 Heard the parties.

                               2. The present petition has been preferred for the

                   following relief(s):

                                            “for     issuance     of    an    appropriate

                                  writ/writs, order/orders, direction/directions for

                                  directing the respondents authority for providing

                                  adequate security to the petitioner. So that the

                                  petitioner can do construction over the land

                                  pertaining to Khata No. 271, Plot No. 2838 Area- 1

                                  decimals of lands and for any other relief/reliefs
          Patna High Court CWJC No.20576 of 2019(3) dt.03-02-2026
                                                     2/2




                                    for which the petitioner may be found entitled in

                                    the eyes of this Hon'ble Court.”

                                3. Learned State counsel has pointed out with the help

                    of annexure-3 that the Circle Officer, Obra already took steps in

                    the matter and vide letter no. 481 dated 20.07.2016 directed the

                    S.H.O., Obra to ensure that the law and order is not violated

                    during the construction made by the petitioner.

                                4. This Court is satisfied with the said direction issued

                    by the Circle Officer, Obra. However, if still, the petitioner has

                    any grievance, can very well move before the respondent no. 3,

                    the Sub-Divisional Magistrate, Daudnagar, Aurangabad who

                    shall be taking necessary steps in accordance with law.

                                5. The writ petition stands disposed of.



                                                  (Rajiv Roy, J)
Adnan/-

U


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