Samir Chandra Suman v. The State of Bihar through the District Magistrate, East Champaran

Patna HC18 Jun 2026CR. WJC/544/2022

Case brief

AI extract

What is this about?

Samir Chandra Suman v. State of Bihar & Ors.; Patna High Court; Criminal Writ Jurisdiction Case No.544 of 2022; writ petition seeking restraint on construction work over claimed land and protection from torture/misbehaviour/threats; heard on maintainability; counsel conceded efficacious alternative remedy; civil suit before competent civil court; criminal proceedings; writ petition not admitted; disposed of with liberty to take legal remedy; Justice Jitendra Kumar; East Champaran; Phenhara; Pakridayal.

What did the court decide?

Liberty to the petitioner to take the legal remedy available to him as per law (civil suit before the competent civil court and/or criminal proceedings), the writ petition having been disposed of without admission. ¶¶27

Samir Chandra Suman Vs The State of Bihar through the District Magistrate, East Champaran — Patna HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the writ petition — which seeks directions restraining the private respondents from doing any construction work at the house/parcel of land claimed by the petitioner, and restraining the official respondents from allowing the private respondent to torture, misbehave with, or threaten the petitioner and his family members — is maintainable.

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Court's answer

On the point of maintainability, learned counsel for the petitioner conceded that efficacious alternative remedies were available — filing an appropriate civil suit before the competent civil court to restrain the private respondents from construction work, and initiating criminal proceedings if the private person extends any threat or commits any criminal misconduct. Accordingly, the writ petition (which had not been admitted till date) stands disposed of with liberty to the petitioner to take the legal remedy available to him as per law.

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Detailed headnote1 paragraphs

Patna High Court, Criminal Writ Jurisdiction Case No.544 of 2022 (oral order dated 18-06-2026, Honourable Mr. Justice Jitendra Kumar): Samir Chandra Suman sought directions restraining private respondent Ramadhar Prasad Yadav @ Ramadhar Rai from doing any construction work at a house/parcel of land claimed by the petitioner, and restraining the official respondents (District Magistrate, SP, Dy. SP Pakridayal, SHO Phenhara PS, Circle Officer Phenhara, SDO Pakridayal, SDM — East Champaran) from allowing torture, misbehaviour or threats against the petitioner and his family. The petition stood not admitted; the matter was heard solely on the point of maintainability. Learned counsel conceded efficacious alternative remedies — an appropriate civil suit before the competent civil court, and criminal proceedings in case of threats or criminal misconduct. The writ petition was accordingly disposed of with liberty to the petitioner to pursue the legal remedy available as per law. No statute or precedent was cited or discussed.

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ Jurisdiction Case No.544 of 2022

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Samir Chandra Suman, S/o Harendra Prasad @ Harendra Prasad Shrivastava, R/o village- Phenhara, P.S.- Phenhara, Distt.- East Champaran

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... ... Petitioner/s

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Versus

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The State of Bihar through the District Magistrate, East Champaran

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The District Magistrate, East Champaran

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The Superintendent of Police, East Champaran

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The Dy. S.P., Pakridayal, East Champaran

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The S.H.O., Phenhara P.S., East Champaran

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The Circle Officer, Phenhara, East Champaran

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The S.D.O, Pakridayal, East Champaran

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The Sub Divisional Magistrate, East Champaran

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Ramadhar Prasad Yadav @ Ramadhar Rai, S/o Sakhichand Rai, R/o villageGovindbara, P.S.- Phenhara, Distt.- East Champaran

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... ... Respondent/s

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Appearance : For the Petitioner/s : Ms. Aishwarya Shankar, Advocate. For the State : Mr. Sheo Shankar Prasad, APP

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CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER

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6 18-06-2026

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The present writ petition has been preferred for

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issuing direction to Private Respondents for restraining from doing any construction work at his house/parcel of land, which, as a matter of claim, belongs to the petitioner. The petitioner has also sought direction to the official respondents for restraining the private respondent from torturing or misbehaving with the petitioner and his family members and giving threats.

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The present writ petition is not admitted till date.

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Heard on the point of maintainability.

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Patna High Court CR. WJC No.544 of 2022(6) dt.18-06-2026 2/2

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Learned counsel for the petitioner fairly concedes that there is efficacious alternative remedy available to the petitioner by way of filing appropriate civil suit before competent civil court for restraining the private respondents from doing any construction work and he has also remedy to initiate criminal proceedings against the private person if he extends any threat or commits any criminal misconduct.

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Accordingly, the present writ petition stands disposed of with liberty to the petitioner to take legal remedy as available to him as per law.

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S.Ali/- U T

Samir Chandra Suman v. The State of Bihar through the District Magistrate, East Champaran

Case brief

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Samir Chandra Suman v. The State of Bihar through the District Magistrate, East Champaran

Case brief

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What the court decided

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