Patna High Court
Suresh BhagatversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PURNENDU SINGH
Holding
The writ petition is disposed of without granting a stay of construction.
Summary
The petitioner, a 77‑year‑old landowner, filed a writ petition seeking a stay on construction undertaken by a private respondent (Sakina Khatoon) on land at Mauza‑Banauli, alleging that the construction was illegal and that the title of the land was under dispute due to a pending suit. The petitioner claimed that the Circle Officer, Singhwara, was colluding with the private respondent and other officials to allow the construction despite the pending title suit. The petition also sought directions to the District Magistrate to ensure due process and protect the petitioner’s possession. The Court, after hearing counsel, observed the submissions but did not find sufficient grounds to intervene and ordered the petition to be disposed of. No stay or injunction was granted, and the matter was left to the regular civil proceedings.
Issues considered
- Whether the Circle Officer can permit construction on land when the title is disputed and a civil suit is pending
- Whether the petitioner is entitled to a stay of construction under the writ jurisdiction
Subjects
- illegal construction
- stay of proceedings
- title dispute
- civil writ jurisdiction
- property possession
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1176 of 2026
======================================================
Suresh Bhagat, Male, aged about 77 years, Son of Late Yugal Bhagat,
Resident of Village Banauli, P.S.- Simri, District- Darbhanga (Bihar).
... ... Petitioner/s
Versus
1. The State of Bihar through Principal Secretary, Revenue Department, Patna,
Bihar.
2. The District Magistrate, Darbhanga.
3. The Sub-Divisional Officer, Darbhanga.
4. The Circle Officer, Singhwara, Darbhanga.
5. Sakina Khatoon, W/o Abdul Karim, Resident of Village Banauli, Ward no 9,
PS Simri, Dist. Darbhanga (Bihar).
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ghanshyam Choudhary, Advocate
For the Respondent/s : AC to Standing Counsel (8)
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 29-01-2026 Heard Mr. Ghanshyam Choudhary, learned counsel
appearing on behalf of the petitioner and learned AC to SC-8 for
the State.
2. The petitioner in paragraph no. 1 of the present writ
petition has sought, inter alia, following relief(s), which is
reproduced hereinafter:-
"(i) That the respondent no. 4 be directed to
stay the illegal construction upon Mauza-Banauli, Thana
No. 148, Khata No. 579, 402 old, Khesra No. 138/old and
2737 (new) by Respondent no. 5 situated at Banauli Village
under Singhwara Block, Darbhanga."
3. It is the case of the petitioner that the private
respondent no. 5, in connivance with the Circle Officer,
Patna High Court CWJC No.1176 of 2026(2) dt.29-01-2026
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Singhwara and other government officials, have started
construction work on the land situated at Mauza- Banauli,
Thana No. 148, appertaining to Khata No. 579 old, 402 old,
Khesra No. 1381 old, 2737 (new), in spite of Title Suit No. 07
of 2014 pending before the competent Civil Court and during
the said period, the defendant, Shakuntala Devi had executed
sale deed in favour of the private respondent no. 5.
4. The Circle Officer, Singhwara, is directed to
restrain himself from allowing the private respondent no. 5 to
proceed with the construction work when the question of title is
disputed.
5. The petitioner may avail appropriate remedy in
accordance with law.
6. The District Magistrate-cum-Collector must ensure
that due process is required to be followed to protect the citizen
and ensure that any measurement don't disturb petitioner from
the physical possession of property in question.
7. With aforesaid observation/direction, the present
writ petition stands disposed of.
(Purnendu Singh, J)
Niraj/-
U
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