Patna High Court
Dr. Rajneesh KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The petition must be presented before the Sub‑Divisional Magistrate, who is duty‑bound to issue notice and pass appropriate orders; the writ petition is therefore dismissed.
Summary
Dr. Rajneesh Kumar, a medical professional, sought a writ directing the State of Bihar and other officials to protect his possession of a house and to restrain his nephew (respondent no. 6) from using force to dispossess him. The petitioner alleged that his nephew was creating disturbances that harmed his reputation and clinic business. The State counsel argued that any threat should be dealt with by the police and that the petitioner should approach the Sub‑Divisional Magistrate (SDM) for relief. The Court observed that the SDM is the appropriate authority to consider such a petition, issue notice, and pass an order. Consequently, the writ petition was dismissed and the petitioner was directed to approach the SDM, who must act in accordance with law after serving notice to the nephew and any other troublemakers.
Issues considered
- Whether the High Court can issue a writ directing the State and its officials to protect the petitioner’s possession of the house and restrain the nephew’s actions
- Whether the petitioner should approach the Sub‑Divisional Magistrate for relief instead of seeking a writ from the High Court
Subjects
- writ jurisdiction
- possession
- disturbance
- civil writ
- magistrate jurisdiction
- property dispute
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5792 of 2026
======================================================
Dr. Rajneesh Kumar S/o Late Triveni Prasad Singh, R/o Vill. Nadawan, PS
Barh, District Patna, Phone No 8797130947.
... ... Petitioner/s
Versus
1. The State of Bihar through The Collector, Patna.
2. The Collector, Patna.
3. Sub-Divisional Officer, Barh.
4. Senior Superintendent of Police, Patna.
5. SHO, PS Barh, District Patna.
6. Priyesh Kumar, S/o Late Manish Kumar, R/o Vill. Nadawan, PS Barh,
District Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kumar Sameer, Adv.
For the Respondent/s : Mr. Pranoy Kumar, AC to GP-12
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 04-05-2026 Heard Mr. Adarsh duly assisted by Mr. Kumar Sameer,
learned counsel for the petitioner and the State.
2. The present application has been preferred:
for issuance of proper writ, order or
direction to the respondent no. 1 to 5 to protect
the rightful possession and rights of the
petitioner over the house in question described
in paragraph no.3 and pending final hearing of
this application. The respondent no.6 may not be
permitted to dispossess the petitioner from the
property by use of physical force or may grant
any other relief/reliefs which may found the
petitioner is entitled to.
3. In his ancestral property, the petitioner who is a
medical professional is running his clinic for last one decade but his
Patna High Court CWJC No.5792 of 2026(2) dt.04-05-2026
2/2
nephew (respondent no. 6) is creating disturbances which is not only
lowering the image of the petitioner in the eyes of public, it is also
affecting his business.
4. Learned State Counsel submits that if there is any
threat, the Police Official will take care and further, for the said
disturbances created by his nephew, the petitioner ought to approach
the respondent no. 3, the Sub-Divisional Magistrate, Barh, Patna.
5. Learned counsel for the petitioner submits that earlier,
he preferred a petition but remained unattended.
6. This Court is of the opinion that if such petition is
presented before the respondent (Sub-Divisional Magistrate, Barh,
Patna), he/she is duty-bound to look into matter, issue notice and pass
an appropriate order.
7. In that background, the writ petition is disposed of
directing the petitioner to approach the respondent no. 3, the Sub-
Divisional Magistrate, Barh, Patna who shall be acting strictly in
accordance with law after service of notice to the respondent no. 6 as
also any other troublemaker.
8. With the aforesaid observation, the writ petition is
disposed of.
(Rajiv Roy, J)
Vijay Singh/-
U
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