Patna High Court
Rajesh KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The writ petition is dismissed as the substantive title suit pending before the civil court provides the appropriate forum for adjudicating the dispute.
Summary
The petitioners, Rajesh Kumar and his wife Suman Kumari, filed a writ petition seeking to set aside an order dated 18 January 2023 issued by the Commissioner, Magadh Division, Gaya, which had rejected their appeal against a 10 April 2024 order of the Deputy Collector, Neemchak Bathani, Gaya, and also sought a restraining order to prevent dispossession of their land and house. They contended that the orders were erroneous and that they were entitled to relief. The Court observed that a substantive Title Suit No. 448 of 2024 (Rajesh Kumar & another v. Arun Kumar) concerning the same land dispute was already pending before the competent civil court of Gaya. Accordingly, the Court held that the parties should pursue their claims in the pending suit and that the writ petition could not be entertained concurrently. The writ petition was therefore disposed of, with the Court allowing the petitioners to raise any further points in the civil suit. All pending interlocutory applications, if any, were also disposed of.
Issues considered
- Whether a writ petition challenging land reform orders can be entertained when a substantive title suit concerning the same dispute is pending before a civil court.
- Whether the order dated 18 January 2023 passed by the Commissioner can be set aside by this Court.
Subjects
- land dispute
- writ petition
- civil suit pending
- jurisdiction
- stay order
- land reform
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.10258 of 2025
======================================================
1. Rajesh Kumar Son of Devi Sao, Resident of Village- Sahoda, P.O-
Maulanagar, P.S- Atri, District- Gaya.
2. Suman Kumari W/o Rajesh Kumar, Resident of Village- Sahoda, P.O-
Maulanagar, P.S- Atri, District- Gaya.
... ... Petitioner/s
Versus
1. The State of Bihar through The Principal Secretary, Revenue and Land
Reform Department, Government of Bihar, Patna.
2. The Commissioner, Magadh Division, Gaya.
3. The Collector, Gaya.
4. The D.C.L.R., Neemchak Bathani, Gaya,
5. The Circle Officer, Neemchak Bathani, Gaya.
6. Arun Kumar S/o Srhi Mokhtar Prasad, R/o Village- Siyar Bhukka, P.O-
Pathal Katti, P.S- Neemchak Bathani, Gaya.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ajit Ranjan Kumar, Advocate
For the Respondent/s : Mr.Arvind Kumar, AC to Ex. G.A. (09)
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 20-04-2026 Heard the parties.
2. The present petition has been preferred for the
following relief/s:
(i) for setting aside the order dated
18.01:2023 passed in Land Dispute
Redressal Appeal Case No. 79 of 2024 by
Commissioner, Magadh Division, Gaya by
which an appeal preferred by the petitioner
Patna High Court CWJC No.10258 of 2025(3) dt.20-04-2026
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against the order dated 10.04.2024 passed in
Land Dispute Redressal Case No. 34 of 2024
by Land Reform Deputy Collector,
Neemchak Bathani (Gaya), has been
rejected;
(ii) this writ application is also being filed
for restraining the respondents from taking
any action for disposes the petitioners from
Land and house in question.
3. In the presence of learned State counsel as also
learned counsel representing the respondent no.06, learned
counsel for the petitioners submit that he shall be fighting out
the Title Suit No. 448 of 2024 pending before the competent
Civil Court.
4. This Court has taken note of the fact that Title Suit
No. 448 of 2024 (Rajesh Kumar and Another vs. Arun Kumar)
is presently pending before a competent Court of Gaya
judgeship and as such granting liberty to the parties to agitate
the matter before the said Court, the writ petition is disposed of.
5. The petitioner is free to raise all the
points/development that has taken in between before the
competent Court so that an appropriate order can be passed in
Patna High Court CWJC No.10258 of 2025(3) dt.20-04-2026
3/3
the matter.
6. Pending Interlocutory Application(s), if any also
stand(s) disposed of.
(Rajiv Roy, J)
Ravi/-
U
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