Kameshwar Pandey vs The State Of Bihar Through The Chief … on 3 July, 2025

Patna High Court – Orders

Kameshwar Pandey vs The State Of Bihar Through The Chief … on 3 July, 2025

Author: Sandeep Kumar

Bench: Sandeep Kumar

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Criminal Writ Jurisdiction Case No.1588 of 2024
                       Arising Out of PS. Case No.-30 Year-2024 Thana- ARER District- Madhubani
                 ======================================================
                 Kameshwar Pandey Son of Late Ram Awatar Pandey R/O Vill.- Bichkhana,
                 P.o. Ektara, P.s.- Arer, Dist.- Madhubani

                                                                                  ... ... Petitioner/s
                                                  Versus
           1.    The State Of Bihar through the Chief Secretary, Government of Bihar, Old
                 Secretariat Building,Patna Bihar
           2.    The Chief Secretary, Government of Bihar, Old Secreatariat Building, Patna
                 Bihar
           3.    The Additional Chief Secretary, Department of Home, Government of Bihar
                 Patna
           4.    The District Magistrate, Madhubani Bihar
           5.    The Superintendent of Police, Madhubani Bihar
           6.    The Sub-Divisional Magistrate, Benipatti, Madhubani Bihar
           7.    The Officer in Charge, P.s.- Arer, Dist.- Madhubani Bihar
           8.    Chandeshwar Pandey Son of Late Ram Awatar Pandey R/O Vill.-
                 Bichkhana, P.o. Ektara, P.s.- Arer, Dist.- Madhubani

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mr. Jai Vardhan Narayan
                 For the Respondent/s    :        Mr. Ajay Behari Sinha, G.A.8
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

3   03-07-2025

Heard the learned counsel for the petitioner and the

learned counsel for the State.

2. The present writ application has been filed for the

following reliefs:

I). Issuance of directions, orders or writs in
the nature of mandamus directing the
respondent nos. 1 to 6 to take immediate
steps for safety of life of the petitioner as
the petitioner has been subjected to
complete ouster from his village house and
Patna High Court CR. WJC No.1588 of 2024(3) dt.03-07-2025
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after thathe has to take shelter at other
place in spite of all steps taken by the
petitioner to approach the District
Magistrate, Superintendent of Police and
Officer In-Charge Police Station Arer,
District Madhubani by filing an
application but for an eyewash a F.I.R.

bearing Arer P.S. Case No. 30/24 dated
09.03.2024 under Section 341, 323,
379,386, 504, 506 and 34 IPC was
recorded although a title suit bearing Title
Suit No. 120/2022 is pending before the
Learned Court of Sub-Judge 1st, Benipatti,
District Madhubani for disposal of the Suit
filed by his own brother Respondent No.
8as Plaintiff and Petitioner is Defendant
No. 1.

ii). Issuance of directions, orders or writs
in the nature of mandamus directing the
respondent nos. 1 to 6 for placing the
petitioner in his own house at village
Bichkhana, District Madhubani as well as
to get back his possession of gated
boundary of the house and other
agricultural lands where encroachment
has been done by Respondent No. 8 from
where he was illegally ousted by
Respondent No. 8 Chandeshwar Pandey
along with his associates as the petitioner
has become a vagabond and he has been
living alone hither and thither on account
of his son being posted at Lucknow in
Central Government Service as Chief
Manager, Hindustan Aeronautics Ltd. and
at any moment his life may be finished by
killing him by his own brother namely
Chandeshwar Pandey Respondent No. 8
with the help of his family members and
Petitioner is Defendant No. 1 in the
Patna High Court CR. WJC No.1588 of 2024(3) dt.03-07-2025
3/3

aforesaid Suit in the competent Civil
Court.

III). Issuance of directions orders or writs
in the nature of mandamus so as to
safeguard the life of the Petitioner by
deciding the aforesaid Suit in stipulated
time as may be fixed up by this Court as
there is no way out left for safeguarding
the life of the petitioner save.

3. The Sub Judge, Benipatti, Madhubani is directed to

dispose of the injunction petition pending in Title Suit No. 120

of 2022 within fifteen days of communication/receipt of a copy

of this order.

4. The District Magistrate, Madhubani is directed to

dispose of the application filed by the petitioner under

Maintenance and Welfare of Parents and Senior Citizens Act,

2007 within two months of communication/receipt of a copy of

this order.

5. With the aforesaid observation and direction, this

application is disposed of.

(Sandeep Kumar, J)
Shishir/-

U       T