Mithlesh Kumar v. The State of Bihar

Shashi Bhushan Yadadv @ Bhola Yadav, S/o Late Singheshwar Prasad Yadav, resident of village - Khunt, P.S. Jankinagar, District - Purnea.

Shashikant Kumar, S/o Late Singheshwar Prasad Yadav, resident of village - Khunt, P.S. Jankinagar, District - Purnea.

Sandeep Kumar, Son of Shashi Bhushah Yadav @ Bhola Yadav, resident of village - Khunt, P.S. Jankinagar, District - Purnea.

Pramod Kumar @ Pappu, Son of Late Raghunandan Yadav, resident of village - Khunt, P.S. Jankinagar, District - Purnea.

The Mukhiya, Gram Panchayat Raj, Ram Nagar Harshahi, P.S. Jankinagar, District - Purnea.

The Sarpanch, Gram Panchayat Raj, Ram Nagar Harshahi, P.S. Jankinagar, District - Purnea. ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s For the Respondent/s

Mr. Shambhu Sharan Singh, Advocate AC to ( AG ) Mr. Jitendra Kumar Pandey, Advocate : : ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 3 06-01-2026 Heard Mr. Shambhu Sharan Singh, learned counsel appearing on behalf of the petitioner; learned AC to ( AG ) for the State and Mr. Jitendra Kumar Pandey, learned counsel Patna High Court CWJC No.5944 of 2021(3) dt.06-01-2026 appearing on behalf of the respondent.

The petitioner in paragraph no. 1 of the present writ petition has sought inter alia the following relief(s), which is reproduced hereinafter:-

i) For a Direction/order to the Collector-Cum- District Magistrate, Purnea to take immediate steps against the private Respondent No.10 to 13 for their illegal Act. Illegal possession on the land bearing Khata No.870, Khesra No.3888, Area 31 decimal, Mauza Ram Nagar Pharshahi under Circle Office, Banmanıkı, Purnea and to command the Respondent No.14 (Mukhiya) and 15 (Sarpanch) for their misuse of power, post taking personal interest in favour of Respondent No.10 to 13 physically on spot along with their Gundas (Bad elements) during encroachment of land of petitioner. ii) For further Direction/Order to the Collector- cum-District Magistrate, Purnea to make enquiry against Mukhia (respondent No.14) and Sarpanch (Respondent No.15) about their conduct and proceed accordingly for needful legal action against him as the relief consequential to the relief No.(i). iii) For other relief/reliefs to the petitioner in the interest of justice in the matter.

Learned counsels appearing on behalf of the parties, in support of the relief(s), as prayed for in present writ petition, inform that the parties have also instituted criminal cases against each other and the details of the said criminal cases are contained in para-7,8 and 9 to the writ petition and a civil suit bearing Title Suit No. 37 of 2024 against the sale deed dated 13.06.2007 (Annexure P/3 to the supplementary affidavit of the petition) has also been filed. Learned counsels further inform that they will advise their respective parties to not Patna High Court CWJC No.5944 of 2021(3) dt.06-01-2026 litigate any further and settle their dispute outside the Court amicably.

Upon a meticulous examination of the relief(s) sought in the present writ petition, coupled with a comprehensive perusal of the pleadings on record and a careful consideration of the facts and circumstances placed before this Court, this Court is of the considered opinion that no case is made out for invoking or exercising extraordinary jurisdiction under Article 226 of the Constitution of India.

Consequently, the present writ petition is disposed of. Nevertheless, liberty is reserved in favour of the parties to explore and pursue an amicable resolution of their inter se disputes outside the court in accordance with law. Ashishsingh/- U (Purnendu Singh, J)