IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.14161 of 2025 ====================================================== Dewendra Kumar S/o Late Chhotan Prasad, R/o Mohalla New Bengali Tola (Vivekanand Lane), Ward no 30, PS Jakkanpur, District Patna. ... ... Petitioner/s Versus 1. The State of Bihar through the Principal Secretary, Department of Home, Govt. of Bihar, Patna. 2. The District Magistrate, Patna. 3. The S.D.M. Patna Sadar, Patna. 4. The Circle Officer, Patna Sadar, Patna. 5. The S.H.O. Police Station, Jakkanpur, Patna. 6. Mrs. Usha Devi W/o Surendra Kumar, Resident at New Bengali Tola (Vivekanand Lane), Ward no 30, PS Jakkanpur, District Patna. ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Premchandra Yadav, Adv. For the Respondent/s : Mrs. Kumari Amrita, GP-3 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 2 08-09-2025 Heard Mr. Premchandra Yadav, learned counsel for the petitioner as also Mrs. Kumari Amrita, learned GP-3. 2. The present writ petition has been preferred for the following relief(s): for quashing the order dated 26.8.2023 passed by the S.D.M. Patna Sadar in Case No. 859(M)/2023 disposing off the proceeding u/s 133 Cr.P.C. Without passing any order directing the concerned authorities to get the lane tree from encroachment in connection with Khata No. 12, Kheshra No. 196, Area-1 Kattha, Patna High Court CWJC No.14161 of 2025(2) dt.08-09-2025 2/2 Holding No. 216/1B questioning the constmetion of safety Tank Latrine and Balcony on the lane of 4.5 feet wide only situated in the eastern side of the house of the petitioner and which is the only way to go outside from his house by the private respondent. 3. After some argument, learned counsel for the petitioner submits that he shall be knocking the appropriate authority/Court for the civil/criminal dispute between the parties who is close agnate. 4. This Court can while allowing the petitioner to approach the Competent Court/authority for the redressal of the grievance, can only comment that in such private dispute, it would have been appropriate for the parties who are own brothers/family members belonging to the same ancestor to sit in a cordial atmosphere and take the matter to its logical conclusion. 5. The writ petition is disposed of with aforesaid observation. Vijay Singh/- (Rajiv Roy, J) U