Surendra Narayan Mishra @ Suresh Mishra v. the State of Bihar through the Principal Secretary Home, Patna
Case brief
What is this about?
Police-protection writ petition (CR. WJC No.1158 of 2021, Patna High Court, decided 09-02-2026) by two villagers of Salempur (Ujiarpur PS, Samastipur) seeking security against private respondents allegedly blocking access to their demarcated land (Khata No.72, Khesra Nos.1317, 1318; Khata No.55, Khesra No.1319) and damaging pillars/fencing; State urged alternative civil/criminal remedies and flagged a Basgit Parcha-based title claim by SC/ST-community respondents. Petition dismissed as withdrawn with liberty to sue for permanent injunction or lodge an FIR for criminal trespass. Keywords: security; threat to life; land possession; boundary demarcation by Circle Officer Ujiarpur; Basgit Parcha; Scheduled Castes and Scheduled Tribes; criminal trespass; permanent injunction; withdrawal with liberty; FIR; Dalsingsarai; Samastipur.
What did the court decide?
Petition dismissed as withdrawn; petitioners granted liberty to seek a permanent injunction in the competent Civil Court and/or file an FIR for criminal trespass and damage to property; the competent authority or Court is to pass appropriate orders as per law without undue delay.