Disposed¶4

Most. Tara Devi v. The State of Bihar

Patna HC10 Oct 2025CR. WJC/575/2022

Case brief

AI extract

What is this about?

Keywords: writ of mandamus; maintainability; misconceived writ petition; Section 145 Cr.P.C. proceeding; demolition of pucca residential house restrained; Khesra No. 244, Khata No. 122, 2 Katha; Mahaddipur village; Pasraha P.S.; Khagaria district; Gogri Sub-Division; Anchal Adhikari Parbatta; execution and compliance of Co-ordinate Bench order dated 19.01.2018; Cr.W.J.C. No. 702 of 2016; land vacated; land sold to petitioner; petition disposed as infructuous. Relevance: example of a writ petition held not maintainable where its object was to stall execution of an earlier High Court order that had already been complied with.

What did the court decide?

The present writ petition was filed under a misconceived notion and to stop execution of the Co-ordinate Bench order dated 19.01.2018, and is therefore not maintainable. ¶4

Most. Tara Devi Vs The State of Bihar — Patna HC (2025) — LawSathi Research

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ Jurisdiction Case No.575 of 2022

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

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Most. Tara Devi W/O Late Anandi Tanti R/o village- Mahaddipur, P.S.Pasraha, District- Khagaria

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... ... Petitioner/s

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Versus

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The State of Bihar

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District Magistrate, Khagaria Bihar

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Sub-Divisional Magistrate, Gogri, District- Khagaria Bihar

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Anchal Adhikari, Parbatta, Sub-Division Gogri, District- Khagria Bihar

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Officer-in-Charge, Pasraha, P.S.- Pasraha, District- Khagaria Bihar

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Amar Kumar Sinha S/o Late Kameshwar Prasad Sinha R/o Village- Laxmi Nagar, P.O. and P.S.- Gogri, District- Khagaria

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... ... Respondent/s

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Appearance :

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

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CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER

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

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seeking following relief(s):

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“(i) To issue a writ of mandamus or any other writ or writs, direction or directions, commanding upon specially the respondent no. 3, Sub Divisional Magistrate, Gogri, Dist. Khagaria, not to demolish the pucca residential house of the petitioner standing over Khesra No. 244, Khata No. 122, Area 2 Katha, situated in Village Mahaddipur, P.S.Pasraha, Sub-Division-Gogri, DistrictKhagaria, on the basis of an order passed in a proceeding U/s 145 Cr.P.C. as well as on the

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Patna High Court CR. WJC No.575 of 2022(3) dt.10-10-2025 2/3

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basis of order passed by this Hon’ble Court in Cr.W.J.C. No. 702/16 till the disposal of this writ application the petitioner is a landless lady, and there is no vacant land in respect of which a proceeding U/s 145 Cr.P.C. was disposed of.

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

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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.

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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.

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Patna High Court CR. WJC No.575 of 2022(3) dt.10-10-2025 3/3

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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 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.

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(Arun Kumar Jha, J)

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Ashish/-

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Most. Tara Devi v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Most. Tara Devi v. The State of Bihar

Case brief

What is this about?

What did the court decide?

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