Tanuja Devi Vs The State of Bihar — Patna HC (2025) — LawSathi Research

Tanuja Devi Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

No substantive writ relief granted; the writ petition stands disposed of with observations: the petitioner is to approach the concerned Sub-Divisional Magistrate immediately (per learned counsel's submission), who is duty bound to seek report, notice the parties and seek a police report; Beur Police Station is to act on the petition received on 30.06.2025 and submit a report to the Sub-Divisional Magistrate.

Issue for consideration

Whether the respondents should be directed, by way of mandamus, to dispose of the petitioner's representations (Annexure P 3 and P 4) requesting action against respondent nos. 6 to 11, who allegedly illegally and forcibly captured her society plot (Society plot no. 16 A, Mouza Phulwari Sharif, District Patna). +2 more

Ratio / Principle

Once the petitioner approaches the concerned Sub-Divisional Magistrate, the Sub-Divisional Magistrate is duty bound to seek report, notice the parties, and also seek a police report.

Key takeaways

Beur Police Station, which received the petitioner's petition on 30.06.2025, has to act in the matter, submit a report to the concerned Sub-Divisional Magistrate, and see to it that any law and order situation does not arise.ratio¶33

Detailed headnote1 paragraphs

Patna High Court (Rajiv Roy, J.), Oral Order dated 07-08-2025 in Civil Writ Jurisdiction Case No.12637 of 2025: Petitioner Tanuja Devi sought a mandamus directing the respondents to dispose of her representations (Annexures P 3 and P 4) complaining that respondent nos. 6 to 11 had illegally and forcibly captured her society plot (Society plot no. 16 A, Mouza Phulwari Sharif, District Patna) and were disturbing it by filling the ditch, following which she was abused on protest and gave a petition to the Station Head Officer, Beur Police Station. Learned State counsel observed that she should have moved before the Sub-Divisional Magistrate for the area; petitioner's counsel indicated she would approach the concerned SDM immediately. The Court disposed of the writ petition observing that the concerned Sub-Divisional Magistrate is duty bound to seek report, notice the parties and also seek a police report, and that Beur Police Station, which received her petition on 30.06.2025, has to act in the matter, submit a report to the SDM and ensure that no law and order situation arises.

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.12637 of 2025

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

Tanuja Devi wife of Sri Rajendra Roy, Resident of Raghunath Tola, P.S. Beur, District- Patna.

... ... Petitioner/s

Versus

The State of Bihar Through the District Magistrate, Patna.

The Superintendent of Police, District Patna.

The Station House Officer, P.S. Beur, District Patna.

The Circle Officer, Phulwari Sharif, District- Patna.

The Secretary, Rani Laxmi Bai Sahkari Grih Nirman Samiti, Near Baidyanath Aryuvedic Bhavan, Maruti Nagar, Khasmahal, Mithapur, P.S. Jakkanpur, District- Patna.

Chandan Kumar, Son of Late Dev Narayan Ram, Resident of Mirdubhasi Colony, Bhrampur, Phulwari Sharif, P.S.- Phulwari Sharif, District- Patna.

Nirmal Gaoswami, Son of not known to petitioner, Resident of Mirdubhasi Colony, Bhrampur, Phulwari Sharif, P.S.- Phulwari Sharif, District- Patna.

Vinay Kumar, Son of not known to petitioner, Resident of Mirdubhasi Colony, Bhrampur, Phulwari Sharif, P.S.- Phulwari Sharif, District- Patna.

Dayanandji, Son of not known to petitioner, Resident of Mirdubhasi Colony, Bhrampur, Phulwari Sharif, P.S.- Phulwari Sharif, District- Patna.

Anupma Kumari, Wife of Satya Prakash Singh, Resident of Mirdubhasi Colony, Bhrampur, Phulwari Sharif, P.S.- Phulwari Sharif, District- Patna.

Gayatri Kumari @ Nidhi, Wife of Samresh Kumar @ Munna, Resident of Mirdubhasi Colony, Bhrampur, Phulwari Sharif, P.S.- Phulwari Sharif, District- Patna.

... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Shaishav Kumar, Advocate For the State : Mr. Government Advocate (05) ======================================================

CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER

2 07-08-2025 Heard Mr. Shaishav Kumar, learned counsel for the

petitioner and learned counsel representing the State.

The present petition has been preferred for the grant of following relief(s):

Patna High Court CWJC No.12637 of 2025(2) dt.07-08-2025 2/3

“(I) For issuance of an appropriate

direction, order, or writ in the nature of mandamus commanding the respondents to dispose of the representation as contained in Annexure P 3 and P 4 of this writ application by which it was requested from them to take action against the respondent no. 6 to 11 who have illegally and forcibly captured the society plot of the petitioner situated at Khata no.- 475/260, Keshra Survey no. 6125/6172, Jamabandi no. 14341, Present Part 92. Page no.- 9900, Halka - Nagar Parishad, Thana no.- 35, and Society plot no.- 16 A, initially plot no.- 16, measuring 1400 sq. ft. at Mouza Phulwari Sharif. District Patna but no action has been taken till date and she is on the mercy of others.

(II) For any other relief/reliefs to

which the petitioner may be found entitled to, in the facts and circumstances of the case.”

The claim of the petitioner is that the land in question was purchased from the society but now the respondent no. 6 to 11 are disturbing by filling the ditch and on protest, got

Patna High Court CWJC No.12637 of 2025(2) dt.07-08-2025 3/3

abused for which the petition has been given to the Station Head Officer, Beur Police Station.

Learned State counsel submits that the petitioner should have moved before the Sub-Divisional Magistrate under whose jurisdiction the land in question is present.

Learned counsel for the petitioner submits that the lady shall be approaching the concerned Sub-Divisional Magistrate immediately.

In that case, the concerned Sub-Divisional Magistrate is duty bound to seek report and notice the parties as also seek Police report.

Needless to say, the Beur Police Station who has received the petition on 30.06.2025 also has to act in the matter and submit report to the concerned Sub-Divisional Magistrate and see to it that any law and order situation does not arise.

The writ petition stands disposed of with the aforesaid observation.

(Rajiv Roy, J)

vinayak/-

U