Patna High Court
Rahul SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The High Court held that the appropriate remedy is to pursue the pending Title Suit No. 433/2018, and therefore the writ petition was disposed.
Summary
The petitioners, owners of land acquired through sale deeds dated 31‑07‑1964 and 01‑02‑1989, challenged orders issued by the District Public Grievance Redressal Officer and the Anchal Adhikari under the Bihar Public Grievance Redressal Act concerning several complaint cases. They sought a writ to quash those orders, alleging that the respondents were exercising jurisdiction improperly and ignoring a pending Title Suit No. 433/2018 before the Sub Judge, Masaudhi. The State counsel pointed out that the land dispute is already before a competent civil court. The High Court held that any grievance relating to the land must be pursued in the pending suit and that the writ court is not the appropriate forum. Consequently, the writ petition was disposed, directing the petitioners to continue their remedy in the Title Suit.
Issues considered
- Whether the High Court has jurisdiction to entertain a writ petition challenging orders under the Bihar Public Grievance Redressal Act when a civil title suit is pending.
- Whether the orders issued by the District Public Grievance Redressal Officer and the Anchal Adhikari can be quashed on the ground of lack of jurisdiction.
Subjects
- writ jurisdiction
- public grievance redressal
- land dispute
- pending civil suit
- quashing order
- jurisdiction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.13178 of 2023
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1. Rahul Singh Son of Late Nagina Singh resident of village Imaliya, P.S.- Pali
kako, Anchal kako, District Jehanabad.
2. Brijnandan Singh, S/o Late Ramswarath Singh resident of village Imaliya,
P.S.- Pali kako, Anchal kako, District Jehanabad.
3. Chandan Kumar, Late Anandi Singh resident of village Imaliya, P.S.- Pali
kako, Anchal kako, District Jehanabad.
... ... Petitioner/s
Versus
1. The State of Bihar through the Secretary Revenue and Land Reforms
Department Govt. of Bihar, Patna.
2. The Commissioner, Patna.
3. The Collector Patna cum District Public Grievance Redressal Officer, Patna.
4. The Additional Collector, Patna.
5. The Anchal Adhikari, Dhanarua Anchal, District Patna.
6. Girja Yadav @ Girjanand Singh, S/o Late Motilal Gope resident of village
Janakpur, P.O Khalilabad Nataul, P.S.- Kadirganj, District Patna.
7. Anup Kumar, fathers name not known to the petitioners resident of village
Janakpur, P.O Khalilabad Nataul, P.S.- Kadirganj, District Patna.
8. Sandeep Kumar, fathers name not known to the petitioners resident of
village Janakpur, P.O Khalilabad Nataul, P.S.- Kadirganj, District Patna.
9. Awinash Kumar Mohan, fathers name not known to the petitioners resident
of village Janakpur, P.O Khalilabad Nataul, P.S.- Kadirganj, District Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amarendra Narayan, Advocate
For the Respondent/s : Mr. Sajid Salim Khan ( Sc 25 )
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 07-04-2026 Heard Mr. Amarendra Narayan, learned counsel for
the petitioners and the State.
2. The present petition has been preferred for the
following relief(s):
“for issuance of writ of appropriate
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nature, order or direction quashing orders order
dt. 11.5.2023 under signature of the District Public
Grievance Redressal Officer Patna in connection
with the Complaint case no. 99990113022301646/
2A under Bihar Public Grievance redressal Act
and letter no. 4010 dated 06.06.2023 and the
proceeding being maintained thereto in complaint-
case 99990113022301646/2A;
99999011302336275/1A;
999991240123356773/2A improperly Bihar Public
Grievance Redressal Act at various level involving
in it the properties of petitioners and their family
members who after acquiring it through sale deed
no, 6603 dated 31.07.1964 in the name of Ram
Swarath Singh (ancestors of petitioners no. 1 &2)
and sale deed dated 1.02.89 in the name of Raj
Kishore Narain Singh, the ancestor of petitioner
no. 3 are in possession of those land and respdt.
no. 6 is litigating T.S 433/2018 in the court of
learned Sub Judge 1 Masaudhi for it.
The petitioners also pray for quashing
notice issued by the respdt no. 5 (the Anchal
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Adhikari Dhanarua), District Patna contained in
letter no. 1895 dated 05.08.2023 in the name of
petitioner no. 1 & 3 in connection to the complaint
case no. 999991240123358773 under the Bihar
Public Grievance Redressal Act relating to some of
plots of the property acquired/ inherited through
said sale deed no. 6603 dated 31.07.1964 in the
name of Ram Swarath Singh (ancestors of
petitioners no. 1 &2) and sale deed dated 1.02.89
in the name of Raj Kishore Narain Singh.
The respondents are entertaining and
exercising power under the Bihar Public
Grievance Redressal Act improperly on the
complaints of private respondents and pass orders
behind the back of land owners and without
competent jurisdiction under the Act. They are also
keeping themselves oblivious and ignorant to Title
Suit no. 433/2018 filed by private respondents
against the petitions, which is pending in the court
of Sub Judge 1 Masaudhi and run simultaneous
enquiry/proceeding illegally.”
3. Learned State counsel has pointed out that the
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parties are litigating Title Suit No. 433 of 2018 before a
competent Court at Masaudhi, Patna.
4. This Court is of the view that if there is any
problem relating to the land in question, the petitioners ought to
have approached the said Court bringing to his/her record by
filing an appropriate petition so that the matter is taken to its
logical conclusion.
5. Allowing the petitioner to continue doing needful in
the aforesaid Title Suit No. 433 of 2018, the writ petition stands
disposed of.
(Rajiv Roy, J)
Adnan/-
U
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