Patna High Court
Deep Narayan Yadav @ Deep Na YadavversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- AJIT KUMAR
Holding
The Court disposed the writ by directing the petitioner to approach the Circle Officer for creation of a Jamabandi reflecting the lawful shares of all parties, rather than granting direct protective relief.
Summary
The petitioner, Deep Narayan Yadav, filed a writ seeking protection of his lands from his son Birbal Yadav and daughter‑in‑law Nitu Devi, alleging intimidation, false cases and attempts to usurp his property. He claimed that despite approaching police and local authorities, no protective action was taken and that his sons were pressuring him to partition the property in their favour. The State of Bihar submitted a counter‑affidavit and a police report indicating efforts to resolve the dispute, contending that the petitioner had not pursued settlement as prescribed by law. The Court held that the appropriate remedy was to direct the petitioner to approach the Circle Officer, Banmankhi, to obtain a fresh affidavit and have a Jamabandi created reflecting the lawful shares of all four heirs within six weeks. Accordingly, the writ application was disposed with the said directions, without granting any direct injunction or protection order.
Issues considered
- Whether the High Court can direct the respondents to consider the petitioner's representation for protection of his property against his son and daughter‑in‑law.
- Whether the petitioner is entitled to an order directing the Circle Officer to create a Jamabandi reflecting his share and that of the other heirs.
- Whether the State's counter‑affidavit and police report preclude the grant of relief.
- Whether the petitioner must first settle the dispute in accordance with prescribed legal procedures before relief can be granted.
Subjects
- property dispute
- partition
- civil writ jurisdiction
- family dispute
- Jamabandi
- protective order
- police inaction
- administrative remedy
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.459 of 2025
======================================================
Deep Narayan Yadav @ Deep Na Yadav S/o Late Devnarayan Yadav,
Resident of Abhyaram Chakla, Ward No.-3, P.S.- Jankinagar, District- Purnea.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna.
2. The Collector, Purnea.
3. The Sub-Divisional Officer, Purnea.
4. The Officer-In-Charge, Jankinagar P.S., District- Purnea.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mrs. Renu Kumari
For the Respondent/s : Additional Advocate General (12)
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 17-03-2026 Heard learned counsel for the petitioner and
learned counsel for the respondents.
2. The instant writ application has been filed seeking a
direction to the concerned respondents to consider the
representation of the petitioner submitted before various
authorities, wherein he has prayed for protection of his
properties/lands from his own son, namely, Birbal Yadav, and
his wife, Nitu Devi, who are alleged to be of criminal
disposition and, in collusion with certain local authorities, are
continuously attempting to grab the entire property of the
petitioner, threaten his life, implicate him in false cases, and
intimidate other co-sharers with dire consequences.
Patna High Court CWJC No.459 of 2025(2) dt.17-03-2026
2/3
3. Learned counsel for the petitioner submits that the
petitioner has four sons, all of whom are married, and that the
properties in question were acquired by the petitioner during his
lifetime. It is submitted that the sons are pressurizing the
petitioner to partition the property. It is further submitted that,
despite the petitioner’s willingness to effect partition by
retaining one share for himself, the sons are coercing him to
transfer the entire property in their favour. It is also submitted
that the petitioner has approached the local authorities and the
police seeking protection, but no action has been taken on his
application.
4. On the other hand, learned counsel for the State
submits that a counter affidavit has been filed in the case, along
with a report from the local police appended as Annexure-A,
which indicates that the police authorities have made efforts to
resolve the dispute. However, the petitioner has not shown
willingness to settle the matter in accordance with the
procedures prescribed under law.
5. Considering the nature of the affidavit filed by the
State authorities, learned counsel for the petitioner seeks to
mould the reliefs and submits that the petitioner may be
permitted to approach the Circle Officer, Banmankhi, Purnea,
Patna High Court CWJC No.459 of 2025(2) dt.17-03-2026
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who shall take appropriate steps in accordance with law for
creation of Jamabandi on the basis of the shares allotted by the
petitioner.
6.It is expected that, upon the petitioner filing such
application before the Circle Officer, Banmankhi, Purnea, the
authority shall, after issuing notice to all concerned parties and
obtaining a fresh affidavit from the petitioner, pass necessary
orders for creation of Jamabandi in favour of all four sharers
who are lawfully entitled to their respective shares, within a
period of six weeks from the date of filing of the application.
7. With the aforesaid observations and directions, the
instant writ application stands disposed of.
(Ajit Kumar, J)
shikha/-
U
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