Patna High Court
Lalu SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The writ petition was disposed of, with the court granting liberty to raise all points in the pending civil suit and appeal, thereby staying any writ relief.
Summary
Petitioner Lalu Singh filed a writ petition seeking a writ directing the removal of a soil road constructed by the Gram Panchayat Mukhiya on his raiyati land, alleging encroachment. The respondents, including the State of Bihar and various officials, filed a counter affidavit indicating that a related Title Suit No. 38 of 2010 is pending before the civil court and has been appealed by the State (Title Appeal No. 12/2026/276/2026) with a hearing scheduled for 20‑04‑2026. The High Court noted this development and, rather than adjudicating the merits of the encroachment claim, allowed the petitioner to raise all points, including the delay in filing the appeal, in the pending civil proceedings. Consequently, the writ petition was disposed of without granting any writ relief. The order essentially stayed further writ action pending the outcome of the civil suit and appeal.
Issues considered
- Whether the writ petition for removal of encroachment can be entertained while a related title suit and appeal are pending.
- Whether the petitioner may be permitted to raise procedural points, such as delay in filing the appeal, before the civil court.
- Whether the court should issue a writ directing the removal of the soil road encroaching on raiyati land.
Subjects
- raiyati land
- encroachment
- writ petition
- civil suit
- title appeal
- jurisdiction
- removal of encroachment
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.11000 of 2023
======================================================
Lalu Singh Son of Paliti Singh, Resident of Village- Chhapra, P.S. Bagengola,
District- Buxar.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary Government of Bihar, Patna.
2. The District Collector, Buxar.
3. The Sub- Divisional Officer, Dumraon, Buxar.
4. The Circle Officer, Brahmpur, Buxar.
5. The Block Development Officer Brahmpur, Buxar.
6. The Mukhiya Gram Panchayat Raj Baradhi Block Brahmpur, Buxar.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ravi Shankar Pathak
For the Respondent/s : Mr.Rishi Raj Sinha ( Sc 19 )
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
8 20-04-2026 Heard the parties.
2. The present petition has been preferred for the
following relief/s:
(i) "for issuance of appropriate writ/writs,
order/orders, direction/directions to
respondents authorities specially respondent
no.6 for removal of encroachment upon
raiyati land of the petitioner because a soil
road constructed by the Gram Panchayat
Mukhiya on the private land of the
petitioner. "
Patna High Court CWJC No.11000 of 2023(8) dt.20-04-2026
2/2
3. Ultimately, a supplementary counter affidavit has
come duly signed by the Collector, Buxar herself which shows
that belatedly, Title Suit No. 38 of 2010 has been challenged by
the State authorities by filing Title Appeal No.
12/2026/276/2026 in which the next date of hearing is
20.04.2026.
4. In view of the aforesaid development that has
taken place, granting liberty to the petitioner to raise all the
points including the delay in filing of the appeal before the
competent Civil Court, the writ petition is disposed of.
(Rajiv Roy, J)
Ravi/-
U
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