Skip to content

The research platform for Indian law — judgements, legislation and the citations between them. Free to search, with the original document behind every result.

A product of LawSathi.

Research

Search Legislation Research tools

Browse

Courts Case types Topics Most-cited judgements Sources

LawSathi

Practice platform Blog

© 2026 LawSathiTerms PrivacyResearch aid, not the official record.

Achhelal Tanti Vs The State of Bihar — Patna HC (2025) — LawSathi Research

Home
Patna HC
2025
Achhelal Tanti Vs The State of BiharAchhelal Tanti v. The State of Bihar

Disposed¶28

Achhelal Tanti v. The State of Bihar

Patna HC10 Oct 2025CR. WJC/566/2022

Case brief

AI extract

What is this about?

Keywords: CR. WJC No.566 of 2022; Patna High Court; Arun Kumar Jha (J.); 10-10-2025; Achhelal Tanti v. State of Bihar; District Magistrate Khagaria; Sub Divisional Magistrate Gogri; Anchal Adhikari Parbatta; Officer in Charge Pasraha; Amar Kumar Sinha; S. 145 Cr.P.C.; Case No. 468(M)/1994; Letter D.B No. 318 dt. 31.03.22; Cr.W.J.C./Cr.WJC No. 702 of 2016; order dt. 19.01.2018 of Co-ordinate Bench; maintainability of writ petition; misconceived petition to circumvent earlier order; vacation/possession of disputed land at Mahaddipur, Pasraha, Khagaria; petition disposed of, no relief granted.

What did the court decide?

The present writ petition was filed under a misconceived notion and in order to stop the execution of the Co-ordinate Bench's order dated 19.01.2018, and is therefore not maintainable (the Court finding it was lodged to circumvent/frustrate the order passed in Cr.W.J.C. No. 702 of 2016).

What the court decided

AI extract

Outcome

Disposed

Issue for consideration

Whether the criminal writ petition seeking to quash the Sub-Divisional Magistrate, Gogri's letter (D.B No. 318 dt. 31.03.22 in Case No. 468(M)/1994 U/s 145 Cr.P.C.) directing vacation of the disputed land on the basis of this Court's order dt. 19.01.18 in Cr.W.J.C. No. 702/16, and restraining the respondents from vacating the land till disposal, is maintainable. +1 more

Court's answer

The present writ petition was filed under a misconceived notion and in order to stop the execution of the Co-ordinate Bench's order dated 19.01.2018, and is therefore not maintainable (the Court finding it was lodged to circumvent/frustrate the order passed in Cr.W.J.C. No. 702 of 2016).

Ratio / Principle

As learned counsel for the petitioner admitted that the petitioner had already vacated the land in question and the orders of the learned Co-ordinate Bench dated 19.01.2018 passed in Cr.W.J.C. No. 702 of 2016 stand complied, nothing remained in the present matter and the petition was disposed of as such.

Detailed headnote1 paragraphs

Patna High Court, oral order dated 10-10-2025, Arun Kumar Jha, J., in Criminal Writ Jurisdiction Case No. 566 of 2022 (Achhelal Tanti v. State of Bihar & others): the petitioner sought quashing of the Sub-Divisional Magistrate, Gogri's Letter bearing D.B No. 318 dt. 31.03.22 in Case No. 468(M)/1994 U/s 145 Cr.P.C., issued to make him vacate disputed land on the basis of this Court's order dt. 19.01.18 in Cr.W.J.C. No. 702/16, and restraint on eviction till disposal. Held: the writ was filed under a misconceived notion, to circumvent and stop execution of the Co-ordinate Bench's order dated 19.01.2018, and is not maintainable; further, counsel for the petitioner admitted the land had already been vacated and that the 19.01.2018 order stood complied with; nothing remained and the petition was disposed of as such.

A

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ Jurisdiction Case No.566 of 2022

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

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

Achhelal Tanti Son of Late Radhe Tanti Resident of Village - Mahaddipur, P.s.- Pasraha, Distt.- Khagaria.

... ... Petitioner/s

Versus

The State of Bihar

District Magistrate, Khagaria. Bihar

Sub Divisional Magistrate, Gogri, Distt. Khagaria. Bihar

Anchal Adhikari Parbatta, Sub Division gogri, Distt. - Khagaria. Bihar

Officer in Charge, pasraha, P.s.- Pasraha, Distt.- Khagaria. Bihar

Amar Kumar Sinha Son of Late Kameshwar Prasad Sinha Resident of Village - Laxmi Nagar, P.O.- and P.S.- Gogri, Distt.- Khagaria.

... ... Respondent/s

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

Appearance :

For the Petitioner/s : Mr. Arun Kumar, Advocate For the Respondent/s : Mr. Manoj Kumar Sinha, AC to SC-19 ======================================================

CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER

3 10-10-2025 The present criminal writ petition has been filed

seeking following relief(s):

“(i) To quash the Letter bearing D.B No. 318 dt. 31.03.22 in Case No. 468(M)/ 1994 U/s 145 Cr.P.C. issued under the signature of SubDivisional Magistrate, Gogri to vacate the disputed land on the basis of an order dt. 19.01.18 passed by the Hon’ble Court in Cr.W.J.C. No. 702/ 16 and to restrain the state/respondents from vacating the land under dispute till disposal of this application as in the land possess by the petitioner his pucca residential house in which the petitioner with

Patna High Court CR. WJC No.566 of 2022(3) dt.10-10-2025 2/3

their family member are living.

(ii) To pass any such other order or orders as this Hon’ble Court thinks fit & proper under the facts & circumstances of this case.”

2. Learned counsel for the petitioner submits that in the light of orders of this Court dated 19.01.2018 passed in Criminal Writ Jurisdiction Case No. 702 of 2016, the petitioner has vacated the land in question. Learned counsel further submits that the petitioner of Cr.WJC No. 702 of 2016 has now sold out the land in favour of the petitioner.

3. Learned counsel appearing on behalf of respondents-State submits that the present writ petition is completely misconceived as in order to circumvent the order dated 19.01.2018 passed in Cr.WJC No. 702 of 2016, the present writ petition has been filed. The Sub Divisional Magistrate, Gogri proceeded in the matter towards compliance of aforesaid order of this Court dated 19.01.2018 and the petitioner, in order to frustrate the claim of the petitioner of Cr.W.J.C. 702 of 2016, filed the present petition.

4. Apparently, the present writ petition has been filed under misconceived notion and to stop the execution of the order dated 19.01.2018 of the Co-ordinate Bench and hence, it

Patna High Court CR. WJC No.566 of 2022(3) dt.10-10-2025 3/3

is not maintainable. Moreover, as the learned counsel for the petitioner admitted that the petitioner has already vacated the land in question and the orders of the learned Co-ordinate Bench dated 19.01.2018 passed in Cr.W.J.C. No. 702 of 2016 also stands complied, nothing remains in the present matter and the same is disposed of as such.

(Arun Kumar Jha, J)

Ashish/-

U

Issues for consideration

2 issues framed by the court

AI extract

1.
Whether the criminal writ petition seeking to quash the Sub-Divisional Magistrate, Gogri's letter (D.B No. 318 dt. 31.03.22 in Case No. 468(M)/1994 U/s 145 Cr.P.C.) directing vacation of the disputed land on the basis of this Court's order dt. 19.01.18 in Cr.W.J.C. No. 702/16, and restraining the respondents from vacating the land till disposal, is maintainable.¶20
The court held
The present writ petition was filed under a misconceived notion and in order to stop the execution of the Co-ordinate Bench's order dated 19.01.2018, and is therefore not maintainable (the Court finding it was lodged to circumvent/frustrate the order passed in Cr.W.J.C. No. 702 of 2016).ratio¶26
2.
Whether anything remained in the matter, given the petitioner's counsel's admission that the petitioner had already vacated the land in question and that the Co-ordinate Bench order dated 19.01.2018 in Cr.W.J.C. No. 702 of 2016 stood complied with.¶28
The court held
As learned counsel for the petitioner admitted that the petitioner had already vacated the land in question and the orders of the learned Co-ordinate Bench dated 19.01.2018 passed in Cr.W.J.C. No. 702 of 2016 stand complied, nothing remained in the present matter and the petition was disposed of as such.ratio¶28

Cases cited

Colour shows how this judgement treated each authority

AI extract

Cr.W.J.C. No. 702 of 2016Relied on¶28

Statutes considered

1 provisions across 1 enactments

AI extract

Cr.P.C.145¶20

Procedural history

How this case reached the court

AI extract

Order under challenge
Letter bearing D.B No. 318 dt. 31.03.22 in Case No. 468(M)/1994 U/s 145 Cr.P.C., issued under the signature of the Sub-Divisional Magistrate, Gogri, directing the petitioner to vacate the disputed land on the basis of the order dt. 19.01.18 passed in Cr.W.J.C. No. 702/16; the petition sought its quashing and restraint on eviction pending disposal.¶20
Sub-Divisional Magistrate, Gogri · 31.03.22
Prior proceeding
Order dt. 19.01.18 passed by this Court (Co-ordinate Bench) in Cr.W.J.C. No. 702/16, on whose basis the impugned letter directed vacation of the disputed land; the petitioner sought restraint against eviction till disposal of the present application.¶20
Prior proceeding
Learned counsel for the petitioner submitted that in the light of this Court's order dated 19.01.2018 in Criminal Writ Jurisdiction Case No. 702 of 2016 the petitioner had vacated the land in question, and that the petitioner of that case had since sold the land to the present petitioner.¶24
Prior proceeding
Learned counsel for the respondents-State objected that the present writ petition is completely misconceived, filed in order to circumvent the order dated 19.01.2018 passed in Cr.WJC No. 702 of 2016, while the Sub-Divisional Magistrate, Gogri proceeded towards compliance of that order.¶25

Parties & counsel

AI extract

petitioner
Achhelal Tanti¶4
Mr. Arun Kumar
respondent
The State of Bihar¶7
Mr. Manoj Kumar Sinha
respondent
District Magistrate, Khagaria¶8
Mr. Manoj Kumar Sinha
respondent
Sub Divisional Magistrate, Gogri¶9
Mr. Manoj Kumar Sinha
respondent
Anchal Adhikari Parbatta¶10
Mr. Manoj Kumar Sinha
respondent
Officer in Charge, Pasraha¶11
Mr. Manoj Kumar Sinha
respondent
Amar Kumar Sinha¶12
Mr. Manoj Kumar Sinha

Coram

AI extract

Arun Kumar Jhaauthor¶29

Case details

As recorded by the court registry

Court: Patna HC
Decided on: 10 Oct 2025 · October
Registered: 18 May 2022
Case no.: CR. WJC/566/2022
CNR: BRHC010344292022
Bench: Arun Kumar Jha
Disposal: DISPOSED
Case type: CR. WJC

Similar cases

Judgements on the same questions, provisions and authorities, from every court

Finding judgements on the same questions…

More from Arun Kumar Jha

Jimdar Singh Vs The State of Bihar through the Director General of police, Patan, Bihar
9 Oct 2025
Sandeep Anand Vs The State of Bihar, through the Home Secretary, Deptt. of Home , Govt. of Bihar, Patna.
9 Oct 2025
Munnangi Alfred Daniel @ Bishop M. a. Danial Vs the State of Bihar through Chief Secretary, Govt. of Bihar, Patna
9 Oct 2025
Md. Abdul Wahaf Ansari @ Wahab Ansari Vs the State of Bihar through Chief Secretary, Govt. of Bihar, Old Secretariat,Patna.
10 Oct 2025
Om Prakash Dhanuka Vs The State of Bihar through the Principal secretary, Home Deptt., Govt. of Bihar, Patna.
10 Oct 2025
Most. Tara Devi Vs The State of Bihar
10 Oct 2025

Cite this judgement

Achhelal Tanti v. The State of Bihar, CR. WJC/566/2022 (PAT), decided on 10 October 2025.

The Patna High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Cases cited1

Cr.W.J.C. No. 702 of 2016Relied on¶28

Open Authorities

Statutes1

Cr.P.C.145

View all statutes

Procedural history4

Letter bearing D.B No. 318 dt. 31.03.22 in Case No. 468(M)/1994 U/s 145 Cr.P.C., issued under the signature of the Sub-Divisional Magistrate, Gogri, directing the petitioner to vacate the disputed land on the basis of the order dt. 19.01.18 passed in Cr.W.J.C. No. 702/16; the petition sought its quashing and restraint on eviction pending disposal.Sub-Divisional Magistrate, Gogri · 31.03.22
Order dt. 19.01.18 passed by this Court (Co-ordinate Bench) in Cr.W.J.C. No. 702/16, on whose basis the impugned letter directed vacation of the disputed land; the petitioner sought restraint against eviction till disposal of the present application.
Learned counsel for the petitioner submitted that in the light of this Court's order dated 19.01.2018 in Criminal Writ Jurisdiction Case No. 702 of 2016 the petitioner had vacated the land in question, and that the petitioner of that case had since sold the land to the present petitioner.

View full history

Bench / Coram

Arun Kumar Jha

Parties & counsel