Patna High Court
Bhagwan Prasad @ Bhagwan Das SahaniversusState Of Bihar and Anr
- Decided
- Disposal
- DISPOSED
- Bench
- SANDEEP KUMAR
Holding
The magistrate lacked jurisdiction to decide the civil title dispute, and the revision order was set aside.
Summary
Petitioner Bhagwan Prasad sought to quash a revision order dated 04‑12‑2014, which had upheld a magistrate’s refusal to consider his claim in a land‑title dispute. The dispute, originating in 1981, concerned civil title over land and was being heard before a S.D.M. who, under Section 145 of the Cr.P.C., had dismissed the petitioner's prayer. The court held that a magistrate lacks jurisdiction to adjudicate civil title matters, which must be determined by a district court. Accordingly, the revision order and the magistrate’s order were set aside, and the parties were directed to file a title suit in the district court. The court also ordered the status‑quo to be maintained for eight weeks to allow filing of the suit and an injunction application.
Issues considered
- Whether a magistrate under Section 145 Cr.P.C. has jurisdiction to decide a civil dispute concerning title to land
- Whether the revision order quashing the magistrate’s decision should be set aside
Legislation cited
- Code of Criminal Procedure, 1973 — s. 145
Subjects
- jurisdiction
- civil title dispute
- Section 145 CrPC
- revision
- district court
- status quo
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9801 of 2016
Arising Out of PS. Case No.- Year-1111 Thana- District-
======================================================
Bhagwan Prasad @ Bhagwan Das Sahani Son of Late Ramdahni Mahto, R/o
Mohalla Malahi Pakari, P.S. - Kankarbagh, Patna.
... ... Petitioner/s
Versus
1. State Of Bihar
2. Raghuni Mahto, S/o Late Bulkan Mahto, R/o Mohalla Malahi Pakari, P.S. -
Kankarbagh, District - Patna.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Krishna Pd. Singh, Sr. Advocate
Mr .Sanjay Kumar @ Manu, Advocate
For the Opposite Party/s : Mr. Jagdhar Prasad App
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
6 08-01-2026 Heard Mr. Krishna Pd. Singh, the learned Senior
Counsel for the petitioner, the learned counsel for the State and
the learned counsel for the O.P. No. 2.
2. The hard copy of the counter affidavit filed on
behalf of the O.P. No. 2 is taken on record.
3. This application has been filed for quashing the
order dated 04.12.2014 in criminal revision No. 115 of 2000
passed by the Learned Additional District and Session Judge-III,
Patna and passed in connection with case No. 1136(M)/ 1981,
under section 145 of Cr. P.C. by which the prayer of petitioner
was refused without considering the real facts of the instance
case. This case is also connected with Case No. 1201(M) of
Patna High Court CR. MISC. No.9801 of 2016(6) dt.08-01-2026
2/2
1976.
4. The dispute between the parties is pending since
1981 before the S.D.M., Sadar, Patna. This appears to be a civil
dispute regarding the title over the land in question which
cannot be decided by the learned Magistrate. The Title can be
decided by the District Court.
5. In these circumstances, this application is disposed
of with liberty to either of the parties to move before the District
Court for declaration of their right, title and interest. The
impugned order passed by the Magistrate under 145 Cr.P.C. and
the Revisional Order shall not come in the way of decision of
title by the District Court.
6. The Status-quo as on today shall be maintained for
eight weeks to enable the parties to file a title suit in District
Court along with the Injunction application.
(Sandeep Kumar, J)
Shishir/-
U
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