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2025 DAILYLAW 31258 (PAT)

JANARDHAN PODDAR v. THE STATE OF BIHAR THROUGH THE DIRECTOR GENERAL OF POLICE, PATNA

CR. WJC/693/2021 · 2025-08-29

Jitendra Kumar

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Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ Jurisdiction Case No.693 of 2021 Arising Out of PS. Case No.- Year-0 Thana- District- Bhagalpur ====================================================== 1. Janardhan Poddar, S/o Late Jatadhari Poddar, R/o Village-Madhurapur, Narainpur, P.S.-Bhawanipur, District-Bhagalpur. 2. Jai Prakash Poddar, S/o Late Jatadhari Poddar, R/o Village-Madhurapur, Narainpur, P.S.-Bhawanipur, District-Bhagalpur. 3. Binay Poddar S/o Late Jatadhari Poddar R/o Village-Madhurapur, Narainpur, P.S.-Bhawanipur, District-Bhagalpur. ... ... Petitioners Versus 1. The State of Bihar Through The Director General of Police, Patna 2. The Director General of Police, Police Deptt., Patna-1 3. The Deputy Inspector General Of Police, Bhagalpur Range, Bhagalpur. 4. District Magistrate, Bhagalpur. 5. Superintendent of Police, Naugachia, District-Bhagalpur. 6. Mr. Niraj Kumar S/o Not Known S.H.O., Bhawanipur P.S., Narainpur, District-Bhagalpur. 7. Mr. Kailash Poddar S/o Late Ram Lakhan Poddar R/o Village-Madhurapur, Narainpur, P.S-Bhawanipur, District-Bhagalpur. 8. Vishwanath Poddar S/o Late Ram Lakhan Poddar R/o Village-Madhurapur, Narainpur, P.S-Bhawanipur, District-Bhagalpur. ... ... Respondents ====================================================== Appearance : For the Petitioner/s : Mr. Vivekanand Vivek, Advocate Mr. Rangnath Pandey, Advocate Mr. Debesh Kumar Poddar, Advocate For the State : Dr. Mankkeshwar Tiwari, AC to AAG-3 ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 7 29-08-2025 The present Criminal Writ Petition has been preferred by the Petitioners seeking direction to the State Authorities to protect the Petitioner from illegal dispossession by the Private Respondents from their residential house. 2. In my considered view, the present Writ Petition is Patna High Court CR. WJC No.693 of 2021(7) dt.29-08-2025 2/2 misconceived. The facts and circumstances of the case constitute a classic case for civil suit for declaration of title and permanent injunction, and hence, it is liable to be dismissed. 3. However, at this stage, learned counsel for the Petitioner is seeking permission to withdraw the present petition with liberty to file appropriate civil suit before the competent Court. 4. Accordingly, the present petition is dismissed as withdrawn with the aforesaid liberty as sought for by the Petitioner. Chandan/- (Jitendra Kumar, J.) U T