Patna High Court
Vijay Shankar Prasad RastogiversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The writ petition is dismissed as the appropriate remedy lies with the police and civil courts, not the writ jurisdiction.
Summary
The petitioners, five members of the Rastogi family, filed a writ petition seeking a direction to the District Magistrate and Superintendent of Police of Begusarai to protect their land at Mauza Balia Buzurg from alleged damage by anti‑social elements, and to address a representation alleging armed threats to force them to transfer the land. The State of Bihar filed a counter‑affidavit stating that a chowkidaar had been instructed to monitor the property. The petitioners argued that they faced criminal intimidation and that the writ was the appropriate remedy. The Court observed that genuine apprehension of danger should be addressed by filing a criminal complaint with the local police station, and any civil dispute over land should be pursued in a competent civil court. Consequently, the writ petition was disposed of with the observation that the petitioners should resort to the appropriate criminal and civil remedies.
Issues considered
- Whether a High Court can issue a writ directing the police and district magistrate to protect private property against alleged criminal intimidation.
- Whether the petitioners have a viable remedy under writ jurisdiction for alleged threats and damage to land.
- Whether the appropriate forum for the petitioners' grievances is a criminal complaint before the police or a civil suit for land dispute.
Subjects
- property protection
- criminal intimidation
- writ jurisdiction
- civil remedy
- police protection
- land dispute
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5505 of 2025
======================================================
1. Vijay Shankar Prasad Rastogi S/o Late Jagdish Prasad Rastogi, Resident of
Village- Choti Baliya Ward No.13, P.O.- Lakhminiya, P.S., Circle and
Subdivision- Baliya, Pincode-851211, District- Begusarai (Bihar).
2. Shushil Kumar Rastogi S/o Late Sharavdev Prasad Rastogi, Resident of
Village- Choti Baliya Ward No.13, P.O.- Lakhminiya, P.S., Circle and
Subdivision- Baliya, Pincode- 851211, District- Begusarai (Bihar).
3. Kamlesh Kumar Rastogi S/o Late Parbhunarayan Prasad Rastogi, Resident
of Village- Choti Baliya Ward No.13, P.O.- Lakhminiya, P.S., Circle and
Subdivision- Baliya, Pincode- 851211, District- Begusarai (Bihar).
4. Ghanshyam Prasad Rastogi S/o Late Jainarayan Prasad Rastogi, Resident of
Village- Choti Baliya Ward No.13, P.O.- Lakhminiya, P.S., Circle and
Subdivision- Baliya, Pincode-851211, District- Begusarai (Bihar).
5. Manoj Kumar Rastogi @ Manoj Pd. Rastogi S/o Vinod Prasad Rastogi,
Resident of Village- Choti Baliya Ward No.13, P.O.- Lakhminiya, P.S.,Circle
and Subdivision- Baliya, Pincode-851211, District- Begusarai (Bihar).
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of Revenue
and Land Reforms, Government of Bihar, Patna.
2. The Principal Secretary, Department of Revenue and Land Reforms,
Government of Bihar, Patna.
3. Commissioner, Munger Division, Munger.
4. District Magistrate, Begusarai, District- Begusarai.
5. Superintendent of Police, Begusarai, District- Begusarai.
6. DCLR, Balia, District- Begusarai.
7. Circle Officer, Balia, District- Begusarai.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shivam Singh, Advocate
: Mr. Kumar Avinahs, Advocate
: Mr. Kumar Vikram, Advocate
: Mr. Sumeet Kumar Singh, Advocate
For the State : Mr. Dhurjati Kumar Prasad, GP-14
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 24-03-2026 Heard Mr. Sumeet Kumar Singh, learned counsel for
the petitioners and Mr. Dhurjati Kumar Prasad, learned GP-14
representing the State.
2. The present petition has been preferred for the grant
of following relief(s):
Patna High Court CWJC No.5505 of 2025(3) dt.24-03-2026
2/3
“(i) for a direction to the District Magistrate,
Begusarai as well as the Superintendent of
Police, Begusarai to protect the property of the
present petitioners situated at Mauza Balia
Buzurg, Thana No. 627, Tauzi No.662, Khata
No.627 Plot No.1887, Area. 01 Bigha 19 Kattha
03 Dhur having boundary as North- Awadh
Tirhut Road, South- Hole, East-Meghu Durga
Paswan, West- Niz Amrit Lal Etc; on the ground
that it is the property of the present petitioners
and it is being illegally damaged by anti-social
elements.
(ii) for a direction to decide the
representation dated 24.01.2025, in which the
petitioners have stated that the petitioners are
shareholders and have been jointly and
peacefully occupying the respective share of the
land mentioned in the above description and on
15.01.2025, when the petitioners were giving
boundary to the land, local criminals came
armed with weapons and threatened the
petitioners saying to write the land in their name
otherwise they will compel the petitioners and
Patna High Court CWJC No.5505 of 2025(3) dt.24-03-2026
3/3
their family to leave the city.
(iii) for any other relief/ reliefs for
which the petitioner is entitled for.”
3. The counter affidavit of the State has come duly
signed by the Deputy Superintendent of Police, (Reserve)
Begusarai and it shows that they have taken steps and the
‘Chowkidaar’ has been directed to regularly report in the matter.
4. Learned counsel for the petitioners submit that they
shall also be taking appropriate steps for getting remedy by
making application/filing petition before appropriate
authority/competent Civil Court.
5. Having recorded the facts of the case, this Court
can only observes that the petitioners if they have genuine
apprehension, should resort to lodging of the case before the
Police Station under their jurisdiction and if there is any civil
dispute, should take shelter of a competent Civil Court.
6. The writ petition is disposed of with the aforesaid
observation.
(Rajiv Roy, J)
vinayak/-
U
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