Patna High Court
Shyam MandalversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
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
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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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