Sidhidatri Sinha Rituvamadhar Vs the State of Bihar… — Specific Performance | Patna HC (2025)

Sidhidatri Sinha Rituvamadhar Vs the State of Bihar… — Specific Performance | Patna HC (2025)

What the court decided

AI extract

Outcome

Petition dismissed as withdrawn; liberty granted to the petitioner to take appropriate legal remedy as per law, with the assurance that an application before the Executive Magistrate under the Criminal Procedure Code will receive an order as per law within a reasonable time.

Issue for consideration

Whether the petitioner is entitled to a direction to the State respondent authorities to provide adequate security/police protection for the petitioner's life, liberty and property against unsocial elements at Mauza Bakhtiyarpur, Mohalla Purani Bazar, near B.S.A. Gun Factory, Ward No. 4. +1 more

Ratio / Principle

The Court held that the present criminal writ petition is not maintainable, because the petitioner has efficacious alternative remedies: a suit for possession or an appropriate suit under Section 6 of the Specific Relief Act, and recourse to the Executive Magistrate under Section 145 Cr.PC to get back possession if the petitioner was already in possession and was forcibly evicted.

Key takeaways

On learned counsel seeking permission to withdraw the petition with liberty to take appropriate legal remedy as per law, permission was accorded; the Court further directed that if an application is filed before the learned Executive Magistrate under the Criminal Procedure Code, an order will be passed by the Executive Magistrate as per law within a reasonable time.ratio¶26

Detailed headnote1 paragraphs

Patna High Court (Jitendra Kumar, J.) - CR. WJC No. 346 of 2021, order dated 01-09-2025. A criminal writ petition seeking State-provided security for the petitioner's life, liberty and property against unsocial elements at Mauza Bakhtiyarpur was held NOT MAINTAINABLE: the petitioner's real grievance was alleged forcible eviction from a godown/shop by private respondents (who demanded Rs. 10,00,000/- for handing back possession), for which efficacious remedies exist - a suit for possession or an appropriate suit under Section 6 of the Specific Relief Act, and recourse to the Executive Magistrate under Section 145 Cr.PC. On counsel's request, permission to withdraw was accorded and the petition was dismissed as withdrawn with liberty to pursue appropriate legal remedy, with a direction that any application before the Executive Magistrate under the Criminal Procedure Code will be dealt with as per law within a reasonable time.

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ Jurisdiction Case No.346 of 2021

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

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

Sidhidatri Sinha Rituvamadhar, W/O Azat Shatru, D/O Late Shashankdhar Prasad Singh, R/O Sidhidatri Villa, Rampur Road, P.S-Bahadurpur, DistrictPatna.

... ... Petitioner/s

Versus

The State of Bihar through The Home Secretary, Govt. of Bihar, Patna.

The Director General of Police, Govt. of Bihar, Patna.

The District Magistrate, Patna.

The Senior Superintendent Of Police, Patna.

The Superintendent of Police (rural), Patna.

The Assistant Superintendent of Police, Barh, Patna.

The Officer-In-Charge, Bakhtiyarpur Police Station, District-Patna.

... ... Respondent/s

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

Appearance :

For the Petitioner/s : Mr.Gajendra Kumar Singh For the Respondent/s : Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER

10 01-09-2025

The present Criminal writ petition has been preferred

by the petitioner seeking direction to the State Respondent Authorities to provide adequate security to the petitioner for protection of her life and liberty as well as his property from the unsocial elements situated at Mauza Bakhtiyarpur, Mohalla Purani Bazar, near B.S.A. Gun Factory, Ward No. 4.

As per Annexure-3, the grievance of the petitioner is that he has been forcibly evicted from his some private property by private respondents in conspiracy with each other and when he requested the private respondents to evict such

Patna High Court CR. WJC No.346 of 2021(10) dt.01-09-2025 2/3

property which is godown and shop, they are asking for Rs. 10,00,000/- for handing over the possession. As such, problem facing the petitioner is forceful eviction from his landed property.

In such situation, the petitioner has efficacious remedy by way of suit for possession or even an appropriate suit under Section 6 of Specific Relief Act. He has also remedy by way of approaching the Executive Magistrate under Section 145 Cr.PC to get back possession of the property if he was already in possession of the property and he has been forcibly evicted from the property

In view of the aforesaid facts and circumstances, I am of the considered view that the present petition is not maintainable.

At this stage, learned counsel for the petitioner is seeking permission to withdraw the present petition with liberty to take appropriate legal remedy as per law. In case, he files application before learned Executive Magistrate under Criminal Procedure Code, an order will be passed by the Executive Magistrate as per law within a reasonable time.

Permission is accorded.

Accordingly, the present petition is dismissed as

Patna High Court CR. WJC No.346 of 2021(10) dt.01-09-2025 3/3

withdrawn with aforesaid liberty as sought for.

(Jitendra Kumar, J)

S.Ali/-

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