Patna High Court
Shiva Kumar SharmaversusThe State Of Bihar and Ors
- Decided
- Disposal
- DISMISSED
- Bench
- RAJIV ROY
Holding
The writ petition is dismissed as frivolous because the order was procured by suppressing the material fact of a pending title suit.
Summary
Shiva Kumar Sharma filed a writ petition seeking execution of an order dated 30‑03‑2013 passed by the Land Reforms Deputy Collector in Land Dispute Resolution Case No. 72/2012‑13. The petition alleged non‑compliance by the State respondents. The State raised an interlocutory application to implead two interveners, noting that a Title Suit No. 49 of 2008 concerning the same land was pending before the Sub‑Judge, Lakhisarai. The Court allowed the application, impleading the interveners, and held that the order sought to be executed was obtained by suppressing the material fact of the pending title suit, rendering the petition frivolous. Consequently, the writ petition was dismissed with a cost of Rs 1,000 to be deposited with the District Legal Services Authority.
Issues considered
- Whether a writ petition for execution of a land‑reform order can be entertained when a title suit concerning the same land is pending.
- Whether suppression of the material fact of a pending title suit renders the order fraudulent and the writ petition frivolous.
Subjects
- writ petition
- execution of order
- land reforms
- title suit
- pending suit
- suppression of material facts
- frivolous petition
- cost
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.13465 of 2015
======================================================
Shiva Kumar Sharma S/O -Shri Dashrath Prasad Singh, resident of village
Walipur, Police Station- Piparia, Lakhisarai, District- Lakhisarai
... ... Petitioner/s
Versus
1. The State Of Bihar
2. The Collector Lakhisarai, Bihar.
3. The Land Reforms Deputy Collector, Lakhisarai
4. The Circle Officer, Lakhisarai
5. The Station House Officer, Lakhisarai.
6. Sita Ram Yadav, S/O- Lakhan Yadav,
7. Bimal Yadav, S/O- Lakhan Yadav, Respondent No.-6 and 7 resident of
village- Bhola tola, P.S. District- Lakhisarai.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amrendra Kumar, Advocate
For the State : Mrs. Kumari Amrita, GP-3
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 31-01-2026 Heard the parties.
I.A. No. 1 of 2017 (1070 of 2017)
2. The aforesaid Interlocutory Application has been
preferred by Shiv Kumar Sharma and Avinash Sharma as
intervener respondent no.8 and 9 respectively in the writ petition
on the ground that for the said land a Title Suit No. 49 of 2008 is
pending before a competent court of learned Sub-Judge,
Lakhisarai and without detailing it out in the writ petition and/or
impleading them as party respondents, the writ petition has been
filed.
Patna High Court CWJC No.13465 of 2015(3) dt.31-01-2026
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3. Considering the facts that has been incorporated in
the aforesaid Interlocutory Application, the same has to be
allowed.
4. Let Shiv Kumar Sharma and Avinash Sharma be
impleaded as intervener respondent no.8 and 9 respectively in
the writ petition.
5. I.A. No. 1 of 2017 (1070 of 2017) is disposed of.
CWJC No. 13465 of 2015
6. The present writ petition has been preferred for the
grant of following relief(s):
“for grant of an appropriate writ for a
direction to the respondents for execution of the
order dated 30.03.2013, passed by the Land
Reforms Deputy Collector, Lakhisarai in Land
Dispute Resolution Case No. 72/2012-13.”
7. The claim of the petitioner is that an order was
passed by the Deputy Collector, Land Reform, Lakhisarai in
Land Dispute Resolution Case No. 72 of 2012-13 on 30.03.2013
but the respondents are not complying the said order forcing
him to prefer the writ petition.
8. The respondent Collector, Lakhisarai has filed
affidavit and learned State counsel has taken this Court to
Patna High Court CWJC No.13465 of 2015(3) dt.31-01-2026
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paragraph no.5 which read as follows:
“5. That it is further submitted after
obtaining the order dated 30.03.2013 in BLDR
Case No. 72/2012-13 the petitioner present an
application to execute the order dated
30.03.2013 which was registered vide Case No.
07/2013, in which the then DCLR Lakhisarai
issued vide Letter No. 643 dated 22.11.2013 to
comply the order dated 30.03.2013. It is
worthwhile to state here that a Title Suit vide No.
49/2008 Shiv Kumar Sharma & others Vs Mostt.
Kaimunnisha & others is pending in the court of
Sub-Judge-1st, Lakhisarai. In the aforesaid Title
Suit the entire area of Khata 61, Khesra 31
decimals in detailed in schedule 1 of the fact of
Title Suit 49/08, not only before the DCLR
Lakhisarai in BLDR proceeding but also before
this Hon'ble Court. It is a settle principle of law
that the suppression of material facts amount
fraud and a judgment or decree obtained by
placing fraud on the court is nullity and nonest
in the eye of law. Such a judgment or decree can
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be treated as nullity by every court whether
superior or inferior. It can be challenged in any
court even in a collateral.”
9. A Title Suit is pending between the parties, in
between, the aforesaid Land Dispute Resolution Case is/was
filed. There is nothing on record to show that the said facts were
placed before the Deputy Collector, Land Reforms, Lakhiarai
when the order in question came to be passed, the State has
taken a plea that any order which has been procured by
suppressing material facts amounts to a fraud and in that
background, the same was rightly not complied.
10. It is also to be noted that respondents 8 and 9 who
have now been impleaded through the aforesaid Interlocutory
Application were also not made party respondents in the present
case despite the fact that they are contesting the Title Suit No.
49/2008 before competent Civil Court.
11. Learned counsel for the petitioner has nothing to
submit on this point, this Court has recorded that despite
pendency of Title Suit, an order was procured and for
compliance of which, the writ petition has been filed. These
facts of pending Title Suit neither was incorporated in the
present writ petition nor the present respondents who have come
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by way of Interlocutory Application were impleaded.
12. In the opinion of this Court, it is the frivolous
petition, clearly, the facts were suppressed, in that background,
no relief can be granted. Accordingly, the writ petition is
dismissed with a cost of Rs.1,000/- to be deposited with District
Legal Services Authority, Lakhisarai within a period of four
weeks. Failure to deposit the cost, steps should be taken in
accordance with law for the realisation of the amount.
(Rajiv Roy, J)
vinayak/-
U
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