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Patna High Court

Shyam MandalversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The writ petition is dismissed as the ownership dispute must be resolved by the pending civil title suit.

Summary

Shyam Mandal filed a writ petition claiming ownership of Plot No.239, Khata No.173 and seeking a mandamus, certiorari, interim stay and compensation to restrain the State of Bihar from constructing a Panchayat Bhawan on the land. The State, through its officials, contended that the land belongs to the State and that the petitioner has not established any title, noting that a title suit (T.S. No.282/2013) is pending. The petitioner argued that the writ petition contains incorrect facts and that he is confident of success in the pending title suit. The Court observed that the ownership dispute is a civil matter best decided by the competent civil court where the title suit is already pending. Consequently, the High Court declined to interfere and disposed of the writ petition, directing the parties to pursue the title suit to its logical conclusion. Any interlocutory applications, if any, were also disposed of.

Issues considered

  • Whether the High Court can grant interim relief such as mandamus, stay or quash construction orders when a civil title suit concerning the same property is pending.
  • Whether the petitioner has a sufficient legal right to restrain the State from constructing the Panchayat Bhawan on the disputed land.

Subjects

  • property ownership
  • writ jurisdiction
  • mandamus
  • stay order
  • title suit
  • civil court jurisdiction
  • Panchayat building
  • land dispute

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Civil Writ Jurisdiction Case No.1172 of 2025
                 ======================================================
                 Shyam Mandal Son of Rameshwar Mandal Resudent of Village-Badi Dighhi
                 P.S.-Madhusdanpur, P.O.-Shazadpur, District-Bhagalpur-812005.

                                                                           ... ... Petitioner/s
                                                   Versus
           1.    The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
           2.    The District Magistrate, Bhagalpur District-Bihar.
           3.    The Circle Officer, Nath Nagar Sub-Division, Bhagalpur District-Bihar.
           4.    The Sub-Divisional Officer, Nath Nagar Sub-Division, Bhagalpur District-
                 Bihar.
           5.    The Block Development Officer, Nath Nagar Block, Bhagalpur District-
                 Bihar.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Ajit Kumar Ojha, Advocate
                 For the State            :        Mr. Government Pleader (18)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

3   23-03-2026                     Heard Mr. Ajit Kumar Ojha, learned counsel for the

                   petitioner and Mrs. Prerna Anand, learned AC to GP-18

                   representing the State.

                                 2. The present petition has been preferred for the

                   grant of following relief(s):

                                              “(i) issue a writ of mandamus directing the

                                        Respondents to refrain from carrying out any

                                        further       construction,        demolition,     or

                                        encroachment activities on Plot No. 239, Khata

                                        No. 173, situated at Mauja Dighhi, Police

                                        Station Nath Nagar, during the pendency of this
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                             writ petition and the title suit before the District

                             Court, Sub Judge IX, Bhagalpur.

                                         (ii) issue a writ of certiorari quashing

                             any     orders       or     actions    initiated   by   the

                             Respondents concerning the construction of the

                             Panchayat Bhawan on the subject property.

                                         (iii) grant ad interim stay restraining

                             the Respondents from undertaking any further

                             construction or encroachment activities on the

                             subject property during the pendency of the

                             present writ petition and the title suit.

                                         (iv)      direct     the    Respondents      to

                             compensate the Petitioner for the financial

                             losses, damages, and emotional trauma suffered

                             due to the illegal demolition of his property.

                                         (v) pass such other and further orders

                             as may be deemed fit and proper in the interest

                             of justice.”


                      3. The claim of the petitioner is that he despite being

          the rightful owner of Khata No. 173, Plot No.239 situated at

          Muaza-Digghi under Nathnagar Police Station, Bhagalpur, the

          same is being used by the respondent for construction of
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          Panchayat Sarkar Bhawan.

                      4. A counter affidavit has come on behalf of the

          respondent nos. 2 to 5 duly signed by the Circle Officer, Nath

          Nagar, Bhagalpur and paragraph nos. 9 to 13 read as follows:

                                  “9. That it is pertinent to point out here that

                             the land in question exclusively belongs to State

                             of Bihar and the name of petitioner's father

                             occurs in the R.S. Khatiyam as Awaidh

                             Dakhalkar.

                                         10. That in Para-3 of the writ

                             application, the petitioner has averred that he

                             had inherited the property in question from his

                             father but he had failed to establish how the said

                             property was acquired by his father.

                                         11. That it is submitted and stated that

                             the petitioner or his ancestor was neither in

                             possession of the property in question nor is in

                             possession at present.

                                         12. That it is further pertinent to state

                             here that in the year 2013 the petitioner &

                             Others had filed T.S. No. 282/2013 for

                             declaration          that   they   have   indefeasible
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                             ownership over the property in question and also

                             that the survey entry in the name of State of

                             Bihar was wrong which is still lying pending for

                             adjudication.

                                         13. That since the property in question

                             exclusively belongs to State of Bihar, Panchayat

                             Sarkar Bhawan is being constructed over the

                             part of the said land and there is no illegality in

                             it.”


                      5. Learned counsel for the petitioner submits that

          wrong facts have been incorporated and that the petitioner has

          full confidence that he will succeed in Title Suit No. 282 of

          2013 pending before a competent Civil Court.

                      6. The petitioner has lay his claim on the land in

          question, the State disputes it. In that background, the disputed

          question can best be adjudicated by a competent Civil Court

          where the parties have already locked their horns. If the

          petitioner finally succeeds in the said Title Suit, the respondents

          who have taken a decision to construct the Panchayat Sarkar

          Bhawan on the land in question, they will have to pay the

          amount that will be invested in the said construction from their

          own pockets. This of course is subject to the final outcome of
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                      the Title Suit No. 282 of 2013.

                                  7. A Title Suit has been preferred, this court only

                      expects that the same will be taken to its logical conclusion at an

                      earliest without any unnecessary delay. The writ petition is

                      disposed of with the aforesaid observation.

                                  8. Any Interlocutory Application if pending also

                      stands disposed of.



                                                    (Rajiv Roy, J)
vinayak/-

U


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