Dismissed¶28

Chandrakanta Sinha v. the State of Bihar through the Home Secretary, Home Deptt., Bihar,Patna.

Patna HC1 Sept 2025CR. WJC/570/2021

Case brief

AI extract

What is this about?

Patna High Court; CR. WJC No.570 of 2021; decided 01-09-2025; Justice Jitendra Kumar; writ petition for direction to lodge FIR; private respondents disobeying order dated 6.12.2019 of Subordinate Judge-1st, Danapur in Title Suit No. 313 of 2019; forcible construction over disputed land; maintainability; contempt of concerned court; alternative remedy before trial court; petition dismissed as misconceived with liberty to approach concerned court.

What did the court decide?

Liberty to the petitioner to move an appropriate application before the concerned court (i.e., the court whose order was allegedly wilfully disobeyed); no other relief granted. ¶28

Chandrakanta Sinha Vs the State of Bihar through the Home Secretary, Home Deptt., Bihar,Patna. — Patna HC (2025) — LawSathi Research

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ Jurisdiction Case No.570 of 2021

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

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Chandrakanta Sinha, W/O Rakesh Roshan, D/O Late Mithilesh Kumar Sinha R/O In Front Of Sarda Sadan Saidpur Nahar Par, Patna 800004, Presently Resident of D-8, Tube Colony, Nildih, Golmuri, East Singhbhum (Jharkhand).

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... ... Petitioner/s

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Versus

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The State of Bihar through the Home Secretary, Home Deptt., Bihar,Patna.

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The Director General Of Police, Bihar, Patna.

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The Deputy Inspector General Of Police, Patna

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Senior Superintendent Of Police, Patna

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The District Magistrate, Patna

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The Sub. Divisional Officer, Danapur, District-Patna

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The Circle Officer, Danapur, District-Patna

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The Deputy Superintendent Of Police, Danapur, District-Patna

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The S.H.O., Danapur P.S., District-Patna

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Bidya Nand Singh, S/O Mahabir Singh, At Present Posted as A.D.M., Munger, R/O Village-Hirpur, P.S.-JANDAHA, P.O.-JANDAHA, DistrictVaishali.

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Usha Kumari, W/O Bidya Nand Singh, R/O Village-Hirpur, P.S.-Jandaha, p.o.-jandaha, District-Vaishali.

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Mukesh Kumar S/O Mahendra Prasad R/O Village-Mahuabagh, P.SRupaspur, P.O-B.V. College, District-Patna.

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr. Rakesh Kumar Singh, Advocate. Ms. Kumari Sarika Singh, Advocate. Smt. Kumari Sarika Sah, Advocate. For the State : Mr. P.K. Verma, AAG-3 Mr. Suman Kumar Jha, AC to AAG-3 For the Private Respondent No. 11 : Mr. Krishranjan, Advocate. Mr. Rajnandan, Advocate.

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CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER

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5 01-09-2025

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The present writ petition has been preferred by the petitioner seeking direction to the State-Respondents to lodge FIR on the application given by the petitioner against

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Patna High Court CR. WJC No.570 of 2021(5) dt.01-09-2025 2/2

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Respondent 2^nd set who are forcibly constructing the building over the land in dispute disobeying the order dated 6.12.2019 passed by the Subordinate Judge-1st, Danapur, in Title Suit No. 313 of 2019.

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Apparently, the present writ petition is not maintainable. The alleged facts and circumstances constitute utmost a contempt of the concerned court, and hence, the petitioner has already appropriate remedy to move the court whose order has been willfully disobeyed by the private respondents. Hence, the present petition is misconceived and not maintainable.

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Accordingly, the present petition is dismissed as not maintainable with liberty to move the appropriate application before the concerned court.

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(Jitendra Kumar, J)

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S.Ali/-

Chandrakanta Sinha v. the State of Bihar through the Home Secretary, Home Deptt., Bihar,Patna.

Case brief

What is this about?

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Chandrakanta Sinha v. the State of Bihar through the Home Secretary, Home Deptt., Bihar,Patna.

Case brief

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