Patna High Court
Lalit MahtoversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- AJIT KUMAR
Holding
The Court disposed of the writ application but allowed the petitioners to file a fresh application to challenge the order.
Summary
The petitioners, a group of residents from Begusarai district, filed a civil writ petition challenging an order dated 23 March 2026 that arose from an objection they had filed on 20 January 2026 in Title Execution No. 05/2015. They contended that the executing court had not addressed their objection properly, raising questions about the maintainability of their petition. The State of Bihar and other respondents opposed the petition, arguing that the matter should be dealt with through appropriate procedural channels. The Court, after hearing counsel, noted that the issues of maintainability remained open and directed the respondent’s counsel to provide updates on the objection order. The Court granted the petitioners permission to file a fresh application to challenge the order and consequently disposed of the present writ application. The judgment leaves the door open for the petitioners to raise further issues in the appropriate forum.
Issues considered
- Whether the writ petition is maintainable in view of the pending objection order in Title Execution No. 05/2015
- Whether the executing court erred in not addressing the petitioners' objection dated 20 January 2026
- Whether the petitioners may seek relief by filing a fresh application challenging the order dated 23 March 2026
Subjects
- title execution
- objection order
- maintainability
- civil writ jurisdiction
- land reforms
- petition disposal
- court order challenge
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3957 of 2026
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1. Lalit Mahto Son of Satyendra Mahto, Resident of Kirtaul, Police Station and
Post Office Kirtaul, District- Begusarai.
2. Ram Mahto Son of Ramotar Mahto Resident of Kirtaul, Police Station and
Post Office- Kirtaul, District- Begusarai.
3. Pankaj Mahto Son of Sukhdev Mahto, Resident of Kirtaul, Police Station
and Post Office Kirtaul, District- Begusarai.
4. Baiju Mahto Son of Ramlal Mahto, Resident of Kirtaul, Police Station and
Post Office - Kirtaul, District- Begusarai.
5. Suraj Mahto Son of Ramlal Mahto Resident of Kirtaul, Police Station and
Post Office - Kirtaul, District- Begusarai.
6. Runa Devi Wife of Hare Ram Mahto, Resident of Kirtaul, Police Station and
Post Office-Khizirchak, District - Begusarai.
7. Bhuneshwar Mahto son of Dhanusdhari Mahto resident of Vill- Jai Mangal
Tola, Kirtaul, Ward no. 11, P.O- Khizirchak, Dist- Begusarai, State- Bihar
851112.
8. Prabhu Mahto son of Parmeshwar Mahto resident of village- Kirtaul, ward
no. 11, Police Station and Post Office Khizirchak, District Begusarai, State-
Bihar.
9. Rajo Mahto son of Mangal Mahto resident of Village Kirtaul, ward no. 11,
Police Station and Post Office-, Khizirchak, District - Begusarai.
10. Sanoj Kumar Son of Fulo Shah, Resident of Village- Jay Mangal Tola,
Kirtaul, Police Station- Teghra, Post Office- Khizirchak, Teghra, District-
Begusarai.
11. Lootan Mahto Son of Siri Mahto, Resident of Village- Jay Mangal Tola,
Kirtaul, Police Station-Teghra, Post Office- Khizirchak, Teghra, District-
Begusarai.
12. Minta Devi Wife of Ramchandra Shah, Resident of Village- Jay Mangal
Tola, Kirtaul, Police Station- Teghra, Post Office- Khizirchak, Teghra,
District-Begusarai.
13. Md Jasim son of Md Nazeer resident of Ward no. 13, Village Kirtaul, Khizar
chak, Begusarai, Bihar 851112
14. Sanjay Kumar Paswan son of Nepali Paswan resident of ward no. 10 village-
Kirtaul, Dhankaul, Dist- Begusarai, State- Bihar 851112
15. Jay Jay ram Paswan son of Ram balak Paswan resident of Village- Kirtaul,
Ward no. 10, Khizarchak, Dist- Begusarai, state- Bihar 851112
16. Ranjit Kumar son of Ram Yash Raj resident of A/3 Vivekananda Park, Lane
A, S.E Patliputra colony, Dist.- Patna, State- Bihar 800013
17. Surjeet Kumar son of Rambadan Singh resident of A/3 Vivekananda Park,
Lane A, S.E Patliputra colony, Dist.- Patna, State- Bihar 800013
18. Ranjit Kumar Shah son of Rajendra Shah resident of Vill - Saksohra Ward
no 9, Soghara, Dist.- Begusarai, State- Bihar 851112
Patna High Court CWJC No.3957 of 2026(3) dt.06-04-2026
2/3
19. Naresh Shah son of Harihar Shah resident of Village- Saksohra ward no. 7,
Bargaha Dih, P.O-Barauni, Dist- Begusarai, State- Bihar 851112
20. Md Anwar son of Abdul Ghaffar resident of ward no. 12, Kirtaul,
Khizarchak, Dist- Begusarai
21. Anita Devi wife of Moti Lal Paswan, Ward no. 11, Aala Pur, P.O- Dhankaul
AalaPur, Begusarai 851112
... ... Petitioner/s
Versus
1. The State of Bihar through Additional Chief Secretary, Department of
Revenue and Land Reforms Department, Government of Bihar.
2. The District Magistrate, Begusarai.
3. The Superintendent of Police, Begusarari.
4. The Circle Officer, Teghra, Begusarari.
5. Registrar, Civil Court, Begusarai.
6. Bibi Zakiya Saleh, wife of Late Naimul Hoda Resident of Village and P.O-
Khizirchak, P.S- Teghra District- Begusarai, State- Bihar.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rashid Izhar, Adv.
Mr. Vishal Kr. Sharma, Adv.
Mr. Adil Abbas, Adv.
Mr. Syed Mohammad Ibrahim Quli, Adv.
Md. Arsham, Adv.
For the State : Ms. Anuradha Singh, SC21
For the Resp. No.5 : Mr. Surya Nilambari, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
3 06-04-2026 An affidavit has been filed on behalf of the petitioners
during course of the day, which is kept on the record.
2. At the request of the counsel representing
respondent no.5, on the previous day of hearing, this matter was
adjourned for taking status of the adjudication made on the
objection filed by these petitioners vide application dated
20.01.2026, which according to them, was not addressed by the
Executing Court in Title Execution No. 05/2015.
Patna High Court CWJC No.3957 of 2026(3) dt.06-04-2026
3/3
3. Keeping the issues of maintainability open, the
counsel representing respondent no.5 was required to take
updates with regard to the order passed on the objection and
today when this matter has come up for consideration, through
affidavit, the petitioners have apprised this Court with regard to
the order dated 23.03.2026, which is said to have been passed
on objection application dated 20.01.2026.
4. Counsel for the petitioners further proposes to take
such order to challenge by filing appropriate application.
5. Permission is granted.
6. The writ application stands disposed of.
7. However, the petitioners will always be at liberty to
raise other issues before appropriate forum, which are
associated with the nature of the order passed.
(Ajit Kumar, J)
rishi/-
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