Rajesh Prasad Vs The State Of Bihar and Ors. — Patna HC (2024) — LawSathi Research

Rajesh Prasad Vs The State Of Bihar and Ors. — Patna HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition disposed of with a direction to the District Magistrate, Aurangabad to look into the matter and ensure appropriate direction to the concerned Circle Officer and Police Station to act in accordance with law, the entire exercise to be completed preferably within twelve weeks from receipt/production of a copy of the order; the petitioner remains at liberty to avail available legal remedies for any boundary/measurement dispute.

Issue for consideration

Whether the petitioner, obstructed by anti-social elements in enjoyment of his property at Obra and restrained by the concerned police station from making any construction over his land even after the effect of the Section 144 Cr.P.C. order had come to an end, should have the district authorities (District Magistrate, Circle Officer and Police Station) act in accordance with law to enable his enjoyment/construction over the land.

Court's answer

Having considered the submissions of both sides and the averments in the writ petition, the court deemed it apt and proper to dispose of the writ petition with a direction to the District Magistrate, Aurangabad to look into the matter and ensure appropriate direction to the concerned Circle Officer as well as the Police Station to act in accordance with law.

Ratio / Principle

The entire exercise pursuant to the direction to the District Magistrate, Aurangabad was expected to be completed preferably within a period of twelve weeks from the date of receipt/production of a copy of the order.

Key takeaways

If there is any dispute with regard to boundary/measurement of the land, the petitioner is at liberty to avail the remedy available under the law.obiter¶¶28

Detailed headnote1 paragraphs

Patna High Court (Harish Kumar, J), Civil Writ Jurisdiction Case No. 18875 of 2018, Rajesh Prasad v. The State of Bihar and others, oral order dated 08-08-2024. The petitioner, obstructed by anti-social elements from enjoying his land at Obra (District Aurangabad), had secured a Circle Officer's direction (letter no. 272 dated 16.04.2016) to the SHO, Obra Police Station to restrain those elements; instead, the concerned police station restrained the petitioner himself from making any construction over his land through a restrainment order passed on 30.06.2016 in Case No. 930 of 2016 under Section 144 of the Cr.P.C., whose effect had since come to an end without the petitioner being permitted to construct. The writ petition was disposed of with a direction to the District Magistrate, Aurangabad to look into the matter and ensure appropriate direction to the concerned Circle Officer and Police Station to act in accordance with law, preferably within twelve weeks of receipt/production of a copy of the order; boundary/measurement disputes were left to the petitioner to pursue through available legal remedies. No substantive adjudication on merits; the State counsel's contention that the Section 144 order had lost its force was recorded as an argument, not adopted as the court's holding.

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.18875 of 2018

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Rajesh Prasad Son of Dwarika Prasad Resident of Village-Obra, P.S. Obra Distirct-Aurangabad.

... ... Petitioner/s

Versus

The State of Bihar through the Principal Secretary, Department of Revenue & Land Reforms, Government of Bihar, Patna.

The Principal Secretary, Department of Revenue and Land Reforms Govt. of Bihar, Patna.

The District Magistrate Aurangabad.

The Sub-Divisional Officer, Daudnagar District-Aurangabad.

The Circle Officer Obra Distirct-Aurangabad.

The Superintendent of Police, District-Aurangabad.

The Officer In-charge Police Station, Obra Distirct-aurangabad

... ... Respondent/s

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Appearance :

For the Petitioner/s : Mr. Brij Bihari Tiwary, Advocate For the Respondent/s : Mr. Rishi Raj Sinha, SC-19

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CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER

3 08-08-2024 Heard the parties.

On being aggrieved by the illegal obstruction in

enjoyment of his property at the hands of some of the anti-social elements, the petitioner had approached before the Circle Officer. The Circle Officer after verification of all the records and documents produced by the petitioner vide its letter no. 272 dated 16.04.2016 directed the SHO, Obra Police Station to take appropriate action and restrain the anti-social elements to make any construction over the land of the petitioner.

Despite the order being passed by the Circle Officer, as noted hereinabove, in the name of maintaining

Patna High Court CWJC No.18875 of 2018(3) dt.08-08-2024 2/3

peaceful position, the concerned police station in stead of restraining the anti-social, restrained the petitioner to make any construction over his land in the wake of maintaining law and order situation. Such restrainment order was passed way back on 30.06.2016 in Case No. 930 of 2016 under Section 144 of the Cr.P.C. It is next contended that despite the fact that the effect of the order passed under Section 144 of the Cr.P.C. came to an end, still the petitioner has not been allowed to construct any construction over his land. Thus, in such a situation, left with no option, the petitioner approached before the District Magistrate by filing an appropriate application as contained in Annexure-6 to the writ petition.

On the other hand, learned Advocate for the State contended that as the effect of the order passed under Section 144 of the Cr.P.C. has already lost its force, the apprehension of the petitioner is unfounded.

Having considered the submissions advanced on behalf of the respective parties and taking note of the averments made in the writ petition, it deems it apt and proper to dispose of the writ petition with a direction to the District Magistrate, Aurangabad to look into the matter and ensure appropriate direction to the concerned Circle Officer as well as Police

Patna High Court CWJC No.18875 of 2018(3) dt.08-08-2024 3/3

Station to act in accordance with law. It is expected that the entire exercise must be completed preferably within a period of twelve weeks, from the date of receipt/production of a copy of this order. Suffice it to say that if there is any dispute with regard to boundary/measurement of land the petitioner is at liberty to avail the remedy available under the law.

The writ petition stands disposed off.

(Harish Kumar, J)

shivank/-

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