COURT OF JUDICATURE AT PATNA Criminal Writ…
Impugned notice dated 03.12.2013 (Annexure-7) set aside; petition allowed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ Jurisdiction Case No. 451 of 2014
====================================================== 1. Suresh Yadav S/o Vishwanath Yadav R/O Village - Bharwalia Nawaka Tola, P.S. - Semara District - West Champaran. .... .... Petitioner Versus 1. The State of Bihar. 2. The Director General of Police, Bihar, Patna. 3. The Superintendent of Police, Bagaha, West Champaran. 4. The Deputy Superintendent of Police, Bagaha, West Champaran. 5. Officer In-Charge Police Station, Semara, West Champaran. 6. Ramji Kushwaha 7. Shyam Bihari Kushwaha 8. Lalji Kushwaha All sons of Bhikaham Kushwaha, R/O Vill. - Bharwalia Nawaka Tola P.S. - Semara, District - West Champaran. .... .... Respondents ====================================================== Appearance : For the Petitioner : Anjani Parashar, Advocate For the Respondents : Mr. ................................................ For the Respondent nos. 6, 7 & 8 :- Mr. Milind Kumar Mishra, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER
4 29-04-2015 Heard. This petition is directed for quashing the notice dated 03.12.2013 (Annexure-7) issued by the respondent no. 5, OfficerIn-Charge Police Station, Semara, West Champaran by which petitioner was directed not to harvest the sugarcane crops standing in the disputed land but there is neither any reference of the specific land, plot numbers, area nor the boundary has been mentioned. Learned counsel for the petitioner submits that a title suit is pending between the parties and even a petition under Order
Patna High Court Cr. WJC No.451 of 2014 (4) dt.29-04-2015
2
39, Rule 1 of the Code of Civil Procedure has been filed which was rejected and the petitioner is claiming possession over the disputed land. Submission is that the respondents are trying to disrupt the same. It has further been asserted that the S.D.O., Bagaha on application of private respondents ordered the Circle Officer, Bagaha on telephone to stop the petitioner from interfering in the land in question and the Circle Officer, Bagaha after inquiry mentioned that the case is pending in this regard. However, by the impugned notice (Annexure-7), it has been ordered by the respondent no. 5, Officer-In-Charge Police Station, Semara, West Champaran that the sugarcane crop standing in the lands in question shall not be harvested till any order is made by the police station and if petitioner will harvest the sugarcane then legal action will be taken. However, neither any First Information Report has been lodged nor any proceeding has been drawn and only notice has been issued.
Learned counsel for the State is unable to point out that under what provision the respondent no. 5, Officer-In-Charge Police Station, Semara, West Champaran has exercised his jurisdiction to issue notice without either lodging the First Information Report or reporting the matter to the S.D.O., Bagaha.
Hence, the impugned notice dated 03.12.2013 issued
Patna High Court Cr. WJC No.451 of 2014 (4) dt.29-04-2015
3
by respondent no. 5, Officer-In-Charge of Semara Police Station does not subsist either in law or in fact and is exclusively without jurisdiction beyond the competence of Officer-In-Charge, Semara, moreover, it neither mentions any reference of the specific land, plot numbers, area nor the boundary with regard to the land for which notice has been issued, accordingly, Anneuxre-7 is hereby set aside and the petition is allowed.
(Gopal Prasad, J.)
Kundan/-
U T
3 issues framed by the court
Whether the notice dated 03.12.2013 issued by the OIC semara Police Station without lodging an FIR or referring the matter to SDO is sustainable in law.
Whether the notice lacks essential details such as specific land, plot numbers, area, or boundaries required to legally bind the petitioner.
Whether the petitioner has jurisdiction to issue such a notice directing non-harvesting of sugarcane crops in disputed land pending police action.
2 provisions across 2 enactments
Suresh Yadav
State of Bihar
Director General of Police, Bihar
Superintendent of Police, Bagaha
Deputy Superintendent of Police, Bagaha
Officer In-Charge Police Station, Semara
Gopal Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
