Patna High Court
Dr. Shambhu RoyversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PURNENDU SINGH
Holding
The Court disposed of the writ application, granting the petitioner liberty to withdraw and re‑file the relief before the appropriate authority.
Summary
Dr. Shambhu Roy filed a civil writ petition seeking a direction restraining private respondents (Kundan Kumar, Chandan Kumar Ojha, and Moni Kumari) from obstructing 3,768 square feet of land (Khata No. 49, Khesra No. 360) and to maintain the status quo until the writ is decided. The petitioner also requested any other reliefs deemed appropriate. During the hearing, the petitioner’s counsel sought to withdraw the application, asking for liberty to approach the appropriate authority later for the same reliefs. The Court allowed the withdrawal and disposed of the writ application, granting the petitioner liberty to file a representation before the competent authority. No substantive merits on the land dispute were adjudicated.
Issues considered
- The Court’s jurisdiction to grant a status‑quo injunction over the disputed land.
- The procedural propriety of allowing the petitioner to withdraw the writ application and seek relief elsewhere.
Subjects
- civil writ
- land dispute
- injunction
- status quo
- withdrawal of petition
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.342 of 2026
======================================================
Dr. Shambhu Roy son of Late Shivan Roy, resident of village- Nayatola
Kerwan, P.O.- Kerma, P.S.- Kurhani, District- Muzaffarpur- 844127.
... ... Petitioner/s
Versus
1. The State of Bihar through the Home Secretary, Government of Bihar, Patna.
2. The Director General of Police, Government of Bihar, Patna.
3. The District Magistrate, Muzaffarpur.
4. The Senior Superintendent of Police, Muzaffarpur.
5. The Station House Officer, Police Station - Mithanpura, District-
Muzaffarpur.
6. The Sub-Divisional Magistrate, East, District- Muzaffarpur.
7. The Circle Officer, Mushahari, District- Muzaffarpur - 842002.
8. Kundan Kumar, Son of Late Ram Chandra Ojha, resident of Rajput Tola,
Kanhauli, P.O.- R.K. Ashram, Bela, P.S. - Mithanpura, District- Muzaffarpur
- 842002.
9. Chandan Kumar Ojha, son of Late Ramchandra Ojha, resident of Rajput
Tola, Kanhauli, P.O.- R.K. Ashram, Bela, P.S. - Mithanpura, District-
Muzaffarpur- 842002.
10. Mrs. Moni Kumari, W/o - Chandan Kr. Ojha, resident of Rajput Tola,
Kanhauli, P.O. - R.K. Ashram, Bela, P.S.- Mithanpura, District-
Muzaffarpur- 842002.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. AjayKumar Sinha, Advocate
Mr. Ajit Kumar Sinha, Advocate
For the Respondent/s : AC to Government Pleader (6)
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 20-01-2026 Heard Mr. AjayKumar Sinha, along with Mr. Mr.
Ajit Kumar Sinha, learned counsels appearing on behalf of the
petitioner and learned AC to Government Pleader (6) for the
State.
2. The petitioner in paragraph no. 1 of the present writ
Patna High Court CWJC No.342 of 2026(2) dt.20-01-2026
2/2
petition has sought, inter alia, the following relief(s), which is
reproduced hereinafter:-
“(i) For issuance of a direction to
the respondent authorities for restraining the
private respondents no.8 to 10 not to obstruct
3,768 squire feet of land pertaining to Khata No.
49, Khesra No. 360, Thana No. 412 (as shown
with the schedule-1 of the petition before the
S.D.M. East of Muzaffarpur, the Respondent No.
6) which has been shown, provided and allowed
in the five sale deeds for ingress and outgress to
the sale deed holders and others as their road s
and for maintaining status quo on the land 3,768
square feet till the disposal of the writ
application.
(ii) For grant of any other relief or
reliefs to which the petitioner is found entitled to
in the facts and circumstances of the case.”
3. Learned counsel appearing on behalf of the
petitioner seeks to withdraw the present application with a
liberty to file a representation, for the reliefs as prayed for in the
application, before the appropriate authority in accordance with
law.
4. Accordingly, the present application stands
disposed of with the aforesaid liberty.
(Purnendu Singh, J)
Ashishsingh/-
U
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