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Patna High Court

Malti DeviversusThe State of Bihar through the Principal Secretary, Home Dept. Govt. of BIhar, Patna

Decided
Disposal
DISPOSED

Holding

The writ petition is not maintainable as the dispute is a private property matter best resolved by a regular civil suit, not by Article 226 jurisdiction.

Summary

Petitioner Malti Devi, who purchased a plot of land in Patna district, alleged that private respondents Ajay Rajak and Munni Devi were forcibly occupying and constructing a wall on the land, and that the official respondents (state authorities) failed to intervene despite multiple applications. She filed a writ petition under Article 226 seeking protection of possession, restraining orders against the private respondents, and directions to the authorities. The Court observed that the matter is a private property dispute for which a regular civil suit is the appropriate remedy, and that writ jurisdiction is limited to cases of statutory duty violation. Citing Supreme Court judgments in Sohan Lal vs Union of India (AIR 1957 SC 529) and Radhey Shyam vs Chhabi Nath (2015 SCC 423), the Court held that the writ petition is not maintainable. Consequently, the petition was disposed, with liberty granted to the petitioner to approach the appropriate forum and to re‑file representations before the concerned officers within four weeks.

Issues considered

  • Whether a writ under Article 226 of the Constitution is maintainable for a private land ownership dispute.
  • Whether the High Court can direct state authorities to protect possession of land in such a dispute.
  • Whether an alternative remedy of a regular civil suit is available and exclusive in this context.

Legislation cited

Subjects

  • property dispute
  • writ jurisdiction
  • Article 226
  • private land dispute
  • alternative remedy
  • civil suit
  • high court

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Criminal Writ Jurisdiction Case No.201 of 2025
                 ======================================================
                 Malti Devi W/o- Rajendra Paswan, Father of Late Jadu Paswan Resident of
                 Village- Hasanpura Police Station- Janipur Dist- Patna, A/P- Sahapur Ps-
                 Parsa bazar, Dist- Patna

                                                                          ... ... Petitioner
                                                 Versus
           1.    The State of Bihar through the Principal Secretary, Home Dept. Govt. of
                 BIhar, Patna Bihar
           2.    The District Magistrate, Patna Bihar
           3.    The Senior Superintendent of Police, Patna Bihar
           4.    The Circle Officer, Phulwari Sharif, Patna Bihar
           5.    The Officer in Charge, Parsa Bazar Dist- Patna Bihar
           6.    Ajay Rajak S/o- Late Shadev Rajak Village- Sahapur Ps- Parsa bazar, Dist-
                 Patna
           7.    Munni Devi w/o- Ajay Rajak Village- Sahapur Ps- Parsa bazar, Dist- Patna

                                                           ... ... Respondents
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :     Mr. Bijay Kumar, Adv.
                 For the State           :     Mr. G.P.7
                 For Resp. No. 6 and 7         Mr. Sanjay Kumar, Adv.
                                               Mr. Satyendra Kumar Bhatnagar, Adv.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
                                       ORAL ORDER

4   31-03-2026                   In the instant petition, petitioner has prayed for the

                   following relief(s) :-

                                             “For direction to the official respondents
                                  to protect from private respondents they are
                                  disturbing physical possession and trying to usurp
                                  the registry land bearing Tauzi No. 5225 Khata No.
                                  31 Plot No. 154 Area 16 dhur-8 Dhurki situated at
                                  Mauza-Fatehpur, P.S. Phulwari, District-Patna.
                                             (ii) For a direction to the official
                                  authority to not make any hindrance on the plot
                                  which is under the possession of the petitioner since
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                          13.12.2000 on the basis of sale deed, rent receipt
                          and Jamabandi.
                                       (iii) For direction to the respondent state
                          authority to take legal hard action against the
                          private respondent no. 6 to 7 who are creating
                          nuisance on plot without having a right, title and
                          possession upon the plot with the help of local bad
                          elements.
                                       (iv) For direction to the respondent state
                          authority to restrain private respondent no. 6 to 7 go
                          on the plot.
                                       (v) For any other order/orders on the
                          basis on facts and circumstances stated herein of the
                          case.


                       2. Learned counsel for the petitioner submits that

          petitioner has purchased land from Mosmat Sheela Devi, wife of

          late Janardan Singh, R/o village-Hasanpura, P.S. Phulwari

          Shariff, present residing at P.S. Janipur, District-Patna bearing

          its Tauzi No. 5225, Khata No. 31, Plot No. 154, Area 16 dhur 8

          Dhurki situated at Mauza Fatehpur, P.S Phulwari District Patna

          vide sale deed dated 13.12.2000 (Annexure-P/1). He further

          submits that petitioner has deposited Lagan on 03.06.2020 for

          the year 2020-2021 (Annexure-P/2). He further submits that

          petitioner has submitted an application dated 15.10.2024 before

          the Police Station, Parsa Bazar stating therein that the private

          respondents are creating nuisance and are wanting to grab the
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          aforesaid land forcibly (Annexure-P/3). Learned counsel further

          submits that petitioner also submitted an application dated

          13.11.2024 through the postal registry before the Circle Officer,

          Phulwari Sharif stating therein that the private respondents are

          constructing a wall forcibly and grabbing the aforesaid land

          (Annexure-P/4). Learned counsel further submits that petitioner

          has also submitted an application dated 13.11.2024 before the

          Senior Superintendent of Police, Patna and District Magistrate,

          Patna regarding the aforesaid matter (Annexures-P/5 & P/6) but

          till date the respondent authorities are sitting tight over the

          matter.

                       3. Learned counsel for private respondent nos. 6 and 7

          appeared and submitted that there is a dispute between the

          parties on the said portion of land and in cases of private land

          dispute, writ is not maintainable.

                        4. Learned counsel for the State submits that there is

          a dispute between the parties regarding the land in question and

          the nature of the dispute clearly indicates that, in such type of

          dispute, an alternative remedy is available to the parties before

          the appropriate forum. Therefore, the writ petition is not the

          only efficacious remedy in the present case.

                       5. After hearing the grievance of the petitioner’s
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          counsel, it came to fore that there is dispute between the parties

          regarding the land in question and the land in question is the

          bone of contention between the parties and where there is

          disputed aspect of land or another personal dispute is involved,

          the same cannot be decided through summary procedure. Hence,

          the writ petition is not maintainable.

                      6. The Hon’ble Supreme Court in catena of judgments

          has held that regular suit is appropriate remedy for settlement of

          dispute relating to property rights between private persons. The

          remedy under Article 226 of the Constitution shall not be

          available except where violation of some statutory duty cast on

          particular statutory authority is alleged. It is held that the High

          Court cannot allow its constitutional jurisdiction to be used for

          deciding disputes, for which remedies under the general law,

          civil or criminal are available. The jurisdiction under Article 226

          of the Constitution being special and extra-ordinary should not

          be exercised casually or lightly on mere asking by the litigant.

          In this context, the decision of the Hon’ble Supreme Court in

          the case of Sohan Lal Vs. Union of India & Anr. reported in

          AIR 1957 SC 529 and in the case of Radhey Shyam & Anr. Vs.

          Chhabi Nath and Ors, reported in (2015) SCC 423 are quite

          relevant.
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                       7. In the case of Sohan Lal (supra), Hon’ble Supreme

          Court has observed as under :

                                        “We do not propose to enquire into
                               the merits of the rival claims of title to the
                               property in dispute set up by the appellant
                               and Jagan Nath. If we were to do so, we
                               would be entering into a field of
                               investigation which is more appropriate
                               for a Civil Court in a properly constituted
                               suit to do rather than for a Court
                               exercising the prerogative of issuing writs.
                               These are questions of fact and law which
                               are in dispute requiring determination
                               before the respective claims of the parties
                               to this appeal can be decided. Before the
                               property in dispute can be restored to
                               Jagan Nath it will be necessary to declare
                               that he had title in that property and was
                               entitled to recover possession of it. This
                               would in effect amount to passing a decree
                               in his favour. In the circumstances to be
                               mentioned hereafter, it is a matter for
                               serious        consideration       whether     in
                               proceedings        under    Art.   226   of   the
                               Constitution such a declaration ought to
                               be made and restoration of the property to
                               Jagan Nath be ordered.”

                       8. In the case of Radhey Shyam (supra), Hon’ble

          Supreme Court in paragraphs 64 and 65 has observed as under :
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                                        “64.      However,        this     Court
                              unfortunately discerns that of late there is
                              growing trend amongst several High
                              Courts to entertain writ petition in cases
                              of   pure     property       disputes.     Disputes
                              relating to partition suits, matters relating
                              to execution of a decree, in case of dispute
                              between landlord and tenant and also in a
                              case of money decree and in various other
                              cases where disputed question of property
                              are involved, writ courts are entertaining
                              such disputes. In some cases the High
                              Courts, in a routine manner, entertain
                              petitions under Article 227 over such
                              disputes and such petitions are treated as
                              writ petitions.
                                        65. We would like to make it clear
                              that in view of the law referred to above in
                              cases of property rights and in disputes
                              between private individuals writ court
                              should not interfere unless there is any
                              infraction of statute or it can be shown
                              that a private individual is acting in
                              collusion with a statutory authority.”



                       9. Accordingly, the present writ petition is disposed

          of with liberty to the petitioner to approach the appropriate

          authority/forum.
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                                  10. So far as the grievance of the petitioner as

                     raised before the Officer-in-Charge, P.S. Parsa Bazar, District-

                     Patna by way of representation (Annexure-P/3) as well as

                     Circle     Officer,      Phulwari       Sharif,   Patna   by   way   of

                     representation (Annexue-P/4) which have not been decided as

                     yet, petitioner is granted liberty to represent his grievance, as

                     has been raised in the present writ petition, afresh before the

                     Officer-in-Charge, P.S. Parsa Bazar, District-Patna and well as

                     Circle Officer, Phulwari Sharif, Patna within a period of four

                     weeks from the date of receipt of this order. If such

                     representation is filed within the stipulated period, the

                     concerned authority will pass appropriate order after giving

                     due opportunities of hearing to the parties concerned, without

                     being prejudiced by the order passed by this Court,

                     expeditiously within a reasonable period of time.

                                  11. Pending Interlocutory Application(s), if any,

                     shall stand disposed of.


                                            (Alok Kumar Pandey, J)

shahzad/
K.C. Jha

U


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