This application under Articles 226 and 227 of the Constitution of India sought issuance of a command to stop harassment and registration of a police case. A preliminary objection was raised regarding encroachment on society land already litigated in a civil suit, leading to dismissal.
The application was dismissed.
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.58 of 2017
Arising Out of PS. Case No.- Year-1111 Thana- District-
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Rajesh Kumar Son of Shri Bhupesh Gupta @ Bhup Narayan Sao, permanent resident of Village Gorkha, P.S. Alinagar, District- Darbhanga presently residing at 'Shourya Hotel' adjacent to Patliputra Golambar, P.O. and P.S. Patliputra, Patna- 800013.
Versus
... ... Respondent/s
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Appearance : For the Petitioner/s : Mr. S.S.Thakur, Advocate For the Respondent/s : Mr. Dhurendra Kumar, AC to GP-5. For the Respondent no.5 : Mr. Girish Pandey, Advocate ======================================================
CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER
5 10-01-2020 Heard the counsel for the parties.
2. This application under Articles 226 and 227 of the
Constitution of India has been preferred for issuance of command upon the respondents to stop harassment of the petitioner at the hands of the local police. Further prayer is for a direction for registration of a police case against the police men involved in harassment of the petitioner.
Patna High Court CR. WJC No.58 of 2017(5) dt.10-01-2020 2/2
3 . Preliminary objection has been raised on behalf of learned counsel for respondent no.9, Patliputra Cooperative Housing Construction Society Limited that the petitioner and others had encroached upon the land of the society which was resisted by the society. Petitioner has already filed a civil suit for redressal of his grievance.
4. In view of the nature of dispute between the parties, the writ Court cannot interfere in the matter, hence, this application is dismissed being devoid of merit.
(Birendra Kumar, J)
B.Kr./-
U
1 issue framed by the court
Whether the writ Court can interfere in a dispute over encroachment where a civil suit has already been filed.
1 provisions across 1 enactments
Rajesh Kumar
Patliputra Cooperative Housing Construction Society Limited
The State Of Bihar
The Director General of Police, Bihar
The Inspector General of Police, Patna Zone
The Deputy Inspector General of Police, Central Range
Birendra Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
