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Patna High Court

Manish Chandra AgrawalversusThe State of Bihar through Mr. Chaitnya Prasad, the Principal Secretary, Home Department

Decided
Disposal
DISPOSED

Holding

The writ petition is disposed of, with the status quo maintained and the parties directed to approach the District Court for any further relief.

Summary

Manish Chandra Agrawal filed a criminal writ petition challenging the issuance of notice in Title Suit No. 288 of 2025 filed by respondents 9‑14. The petitioner's counsel claimed no notice was received, while the respondents asserted that notice had been issued. The court held that the petitioner, now aware of the civil suit, must appear before the civil court and that any further relief should be sought in the District Court, with any application to be disposed of within a month. The court disposed of the writ application, directing that the status quo be maintained until a competent court passes appropriate orders. No substantive merits of the civil suit were adjudicated in this writ proceeding.

Issues considered

  • Whether the petitioner is required to appear in the civil suit despite claiming non‑receipt of notice
  • Whether the writ petition can stay the civil proceedings or alter the status quo

Subjects

  • civil suit
  • notice
  • status quo
  • criminal writ jurisdiction
  • district court
  • procedural law
  • jurisdiction

Judgment

          IN THE HIGH COURT OF JUDICATURE AT PATNA
               Miscellaneous Jurisdiction Case No.3209 of 2025
                                      In
               Criminal Writ Jurisdiction Case No.1517 of 2025
     ======================================================
     Manish Chandra Agrawal Son of Late Krishan Chandra Das, Resident of
     Village-Gobhi Tola, P.S.-Kotwali, District-Munger.


                                                                   ... ... Petitioner/s
                                        Versus
1.   The State of Bihar through Mr. Chaitnya Prasad, the Principal Secretary,
     Home Department Government of Bihar, Patna.
2.   Mr. Arvind Kumar Chaudhary, the Additional Chief Secretary, Home
     Department, Government of Bihar, Patna.
3.   Mr. Vinay Kumar, the Director General of Police, Bihar, Patna.
4.   Mr. Vivek Kumar, the Inspector General of Police, Bhagalpur Zone, Munger.
5.   Mr. Syed Imam Masood, The Superintendent of Police, Munger.
6.   Mr. Nikhil Dhanraj Nippanikar, the District Magistrate, Munger.
7.   Mr. Kumar Abhishek, the Sub-Divisional Magistrate, Munger.
8.   Mr. AbhishekAnand, the Sub-Divisional Police Officer, Sadar, Munger.
9.   Smt. Ruby Kant Kachchap, The S.H.O. Kasim Bazar PS, Munger.
10. Md. Fahimuddin, Son of Late Anwar Miya, Resident of Mohalla-Badi
     Bazar, District-Munger.
11. Md. Jainul, Son of Shamshu Miya, Resident of Mohalla-Purab Sarai,
     District-Munger.
12. Md. Kalam, son of Billo Miyan, Resident of Mohalla-Kaura Maidan.
13. Manish Yadav @ Manna Yadav, Son of Chulho Yadav, Resident of Mohalla-
     Navtoliya, P.S.-Kasim Bazar, District-Munger.
14. Deepak Kumar, S/o Not Known, resident of Ghosi Tola, P.S. Kasim Bazar,
     Munger.
15. Gautam Yadav, Son of Parmanand Yadav, resident of Mirzapur, Munger-
     Jamalpur Road, Munger.


                                                             ... ... Opposite Party/s
     ======================================================
     Appearance :
     For the Petitioner/s   :      Mr. P. N. Shahi, Sr. Advocate
                                   Mr. Shantam Kumar Singh, Advocate
         Patna High Court MJC No.3209 of 2025(4) dt.16-01-2026
                                                     2/3




                                                  Mr. Shankar Kumar Choudhary, Advocate
                                                  Mr. Sushant Pratap Singh, Advocate
                                                  Mr. Madhev Kr. Jha, Advocate
                 For the respondent nos. 9 to 14 : Mr. Rakesh Narayan, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

4   16-01-2026                  Heard the parties.

                                2. Learned counsel for the respondent nos. 9 to 14

                   submits that Title Suit No. 288 of 2025 has been filed by the

                   respondents in which notices have been issued to the petitioner.

                                3. Mr. P. N. Shahi, learned Senior Counsel appearing

                   for the petitioner submits that no notice has been received by his

                   client.

                                4. Since, the petitioner has now knowledge of the

                   Civil Suit, it is expected that he should appear in the Civil Suit

                   so that the Civil Suit proceeds.

                                5. For any further protection/ direction, it is expected

                   that the petitioner or the respondents will approach the District

                   Court in accordance with law and if such an application is filed

                   by either of the parties, the same shall be disposed of within one

                   month of its filing by the District Court.

                                6. With the aforesaid observation and direction, this

                   application is disposed of.

                                7. It is directed that status quo as on today shall be
           Patna High Court MJC No.3209 of 2025(4) dt.16-01-2026
                                                       3/3




                     maintained, until appropriate orders of a competent Court in

                     accordance with law is passed.


                                                                   (Sandeep Kumar, J)

P. Kumar

U


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