Shailesh Singh Vs The State of Bihar through the Additional Chief Secretary, Home Deptt., Govt. of Bihar

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ Jurisdiction Case No.2435 of 2025

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Arising Out of PS. Case No.- Year-0 Thana- District- Patna

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======================================================

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1. Shailesh Singh S/o Late Ram Pyar Singh R/o vill - Atimi, P.S.- Nasriganj, Distt.- Rohtas

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1. Kamlesh Singh S/o Late Ram Pyar Singh R/o vill - Atimi, P.S.- Nasriganj, Distt.- Rohtas

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1. Rajesh Kumar S/o Late Ram Pyar Singh R/o vill - Atimi, P.S.- Nasriganj, Distt.- Rohtas

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1. Bindu Devi W/o Rajesh Kumar R/o vill - Atimi, P.S.- Nasriganj, Distt.Rohtas

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1. Dewanti Devi W/o Kamlesh Singh R/o vill - Atimi, P.S.- Nasriganj, Distt.Rohtas

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1. Chinta Devi W/o Shailesh Singh R/o vill - Atimi, P.S.- Nasriganj, Distt.Rohtas

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1. Rajeshwari Devi W/o Ram Chandra Singh R/o vill - Atimi, P.S.- Nasriganj, Distt.- Rohtas

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1. Puja Kumari W/o Mithilesh Singh, Daughter-in-Law of Ram Chandra Singh R/o vill - Atimi, P.S.- Nasriganj, Distt.- Rohtas

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1. Ajay Kumar S/o Ram Pravesh Singh R/o vill - Atimi, P.S.- Nasriganj, Distt.Rohtas

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1. Savita Devi W/o Ajay Kumar R/o vill - Atimi, P.S.- Nasriganj, Distt.- Rohtas 11. Sanjay Singh S/o Ram Pravesh Singh R/o vill - Atimi, P.S.- Nasriganj, Distt.- Rohtas ... ... Petitioner/s

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Versus

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1. The State of Bihar through the Additional Chief Secretary, Home Deptt., Govt. of Bihar, Patna

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1. The District Magistrate-cum-Collector, Rohtas at Sasaram Bihar 3. The Superintendent of Police, Rohtas at Sasaram Bihar 4. The Sub-Divisional Magistrate, Bikramganj, Distt.- Rohtas Bihar 5. The Circle Officer, Nasriganj, Distt.- Rohtas Bihar 6. The Station House Officer, Nasriganj, Distt. - Rohtas Bihar 7. Ajit Kumar Sinha S/o Late Radhika Raman Sinha R/o vill - Atmi, P.s.Nasriganj, Distt.- Rohtas

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1. Lal Babu Singh S/o Late Bhudeo Singh R/o vill - Atmi, P.s.- Nasriganj, Distt.- Rohtas

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1. Indu Devi W/o Lal Babu Singh R/o vill - Atmi, P.s.- Nasriganj, Distt.Rohtas

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1. Raj Kumar Singh S/o Bhagwat Singh R/o vill - Atmi, P.s.- Nasriganj, Distt.Rohtas

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Patna High Court CR. WJC No.2435 of 2025(2) dt.01-12-2025 2/4

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Ram Dulari Kuer W/o Late Mahendra Singh R/o vill - Atmi, P.s.- Nasriganj, Distt.- Rohtas

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Manoj Singh S/o Ram Ekbal Singh R/o vill - Atmi, P.s.- Nasriganj, Distt.Rohtas

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr. Jitendra Pd. Singh, Sr. Adv. Mr. Varun Krishna Singh, Adv. Mrs. Shripriya Sinha, Adv. For the Respondent/s : Mr. Pankaj Kumar, S.C. 12 Mr. Pramod Kr. Yadav, AC to SC-12 ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER

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2 01-12-2025

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Learned senior counsel Mr. Jitendra Prasad Singh appearing on behalf of the petitioners submits that the vendor of the petitioner, Kumar Vishwas Raushan, respondent no. 3.2 in First Appeal No. 102 of 1993 got an order in his favour in First Appeal No. 102 of 1993. Since the claim of the petitioners stands established by the orders of this Court in First Appeal No. 102 of 1993, the private respondent no. 7-12,after losing the case before this Court in First Appeal, have been creating obstruction and violating the rights of the petitioners for enjoyment of their property.

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Learned counsel further submits that the SubDivisional Magistrate, Bikramganj, Rohtas in Case No. 91 of 2025 under Section 163 of the BNSS directed the petitioners as well as the other side to file their show cause and restrained both the parties from going on the disputed land and not to take any

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Patna High Court CR. WJC No.2435 of 2025(2) dt.01-12-2025 3/4

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action which might result in disturbance of peace. This order was passed on 04.08.2025 but the said order lost its efficacy after passage of two months and no final orders have been passed by the Sub-Divisional Magistrate, Bikramganj. Learned senior counsel further submits that as the said order of learned Sub-Divisional Magistrate lost its effect after passage of two months and the petitioners have already filed representation before the Sub -Divisional Magistrate, Bikramganj, Rohtas as well as Superintendent of Police, Dehri on Sone and District Magistrate, Rohtas vide Annexure- P/3, P/4 and P/5, these authorities may be directed to consider the representation of the petitioners and the present petition be disposed of with the direction to State/respondent authorities.

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No counter affidavit has been on behalf of the State in the present case.

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Since learned senior counsel for the petitioners has confined his prayer only to the direction to the State/respondent authorities for acting on the representation of the petitioners regarding protection of life and property of the petitioners in the light of the order in favour of their vendor in First Appeal No. 102 of 1993 passed by a Co-ordinate Bench in its Judgment dated 01.10.2024, this Court finds it appropriate to

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Patna High Court CR. WJC No.2435 of 2025(2) dt.01-12-2025 4/4

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direct the respondent nos. 2, 3 and 4 to act upon the representations annexed as Annexures P/5, P/4 and P/3, respectively and dispose of the same after due consideration.

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At the same time, the Sub-Divisional Magistrate Bikramganj, Rohtas is reminded that the nature of proceeding under Section 163 BNSS is urgent and final orders should have been passed after hearing the parties, immediately thereupon.

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In terms of the aforesaid direction, the present petition stands disposed of.

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(Arun Kumar Jha, J)

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Anuradha/-

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U T

Shailesh Singh v. The State of Bihar through the Additional Chief Secretary, Home Deptt., Govt. of Bihar

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Shailesh Singh v. The State of Bihar through the Additional Chief Secretary, Home Deptt., Govt. of Bihar

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