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Patna High Court

Raj Aryan @ Aryan RajversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The High Court stayed the D.C.L.R.'s order and directed the Commissioner, Darbhanga Division, to dispose of the pending appeal within three months, holding that the D.C.L.R. lacked jurisdiction to decide the substantive rights in the joint family property.

Summary

The petitioner, Raj Aryan, filed a writ petition challenging an order dated 06-07-2023 passed by the Deputy Collector Land Revenue (D.C.L.R.) in a land dispute case, which directed measurement of the disputed land and threatened dispossession if encroachment was found. The petitioner contended that the land in question is joint family property, originally purchased by his grandfather for his aunt (respondent no. 7) and his mother, and argued that the D.C.L.R. lacked jurisdiction to adjudicate rights, title, and possession in such a family property. The court noted that the petitioner has already appealed the D.C.L.R.'s order before the Commissioner, Darbhanga (BLDR Appeal No. 30 of 2023). Accordingly, the High Court stayed the impugned order pending the outcome of the appeal and directed the Commissioner to dispose of the appeal within three months, providing an opportunity of hearing to all parties. The court further ordered that no dispossession action be taken against the petitioner until the appeal is finally decided.

Issues considered

  • Whether the D.C.L.R. has jurisdiction to determine right, title, and possession in a joint family property.
  • Whether the order directing measurement and potential dispossession is valid pending an appeal.
  • Whether the stay of the D.C.L.R.'s order is appropriate pending the appellate decision.

Subjects

  • joint family property
  • jurisdiction
  • land dispute resolution
  • stay of order
  • appeal
  • dispossession
  • measurement
  • right title possession

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.13949 of 2024
                 ======================================================
                 Raj Aryan @ Aryan Raj Son of Late Bidhi Pratap Singh, resident of Village
                 and P.O., P.S.-Hasanpur, District-Samastipur.

                                                                             ... ... Petitioner/s
                                                   Versus
           1.    The State of Bihar through the Chief Secretary, Bihar, Patna.
           2.    Commissioner, Darbhanga.
           3.    District Magistrate, Samastipur.
           4.    Sub-Divisional Officer Rosera, District Samastipur.
           5.    Deputy Collector Land Reveue (DCLR) Rosera, District Samastipur.
           6.    Circle Officer Hasanpur, District Samastipur.
           7.    Saroj Devi, Wife of Sri Bhagwan Prasad Singh, Resident of House No. 10
                 Nirala Nagar, P.o and PS-Digha, District-Patna.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :       Mr.Diwakar Prasad Singh
                 For the Respondent/s   :       Mr.Government Pleader 23
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                                       ORAL ORDER

4   10-02-2026          1. Heard the parties.

                        2. The present writ application has been filed against the

                   order dated 06.07.2023 passed by learned D.C.L.R., Rosera in

                   Land Dispute Resolution Case No. 12 of 2022-23 by which he

                   has directed for measurement of the disputed property and

                   further directed that if the petitioner is found having encroached

                   upon the property of the respondent no. 7, steps for

                   dispossession of the petitioner shall be taken. A Co-ordinate

                   Bench of this Court taking note of the submission of the parties

                   have passed interim order dated 04.08.2025 whereby the order
Patna High Court CWJC No.13949 of 2024(4) dt.10-02-2026
                                           2/3




          dated 06.07.2023 passed by D.C.L.R. in Land Dispute

          Resolution Case No. 12 of 2022-23 has been stayed till the writ

          petition is finally adjudicated by this Court.

               3. The respondent no. 7 is the own Aunt of the petitioner. In

          a nutshell the case of the petitioner is that while the respondent

          no. 7 was aged about eleven years the subject land was

          purchased in her name by the grand father of the petitioner from

          joint family fund. Another piece of land was also purchased by

          the grand father of the petitioner in the name of petitioner’s

          mother. The case is not plain and simple of measurement and

          removal of encroachment, rather the dispute between the parties

          involved is of right, title and possession upon joint family

          property.

               4. The submission is that exercise of jurisdiction by the

          D.C.L.R., Rosera is in violation of the provisions of law

          inasmuch the D.C.L.R. cannot enter into the question of right,

          title and interest in a joint family property of the parties.

               5. It has been informed by the petitioner that the petitioner

          has filed an Appeal before the Commissioner, Darbhanga

          Division , Darbhanga bearing BLDR Appeal No. 30 of 2023.

               6. Considering the fact that the impugned order dated

          06.07.2023 passed by the D.C.L.R., Rosera, District: Samastipur
           Patna High Court CWJC No.13949 of 2024(4) dt.10-02-2026
                                                      3/3




                     has been challenged in the Appeal by the petitioner, accordingly

                     this writ petition is disposed with a direction to the

                     Commissioner, Darbhanga Division, Darbhanga to dispose the

                     Appeal filed by the petitioner within a period of three months

                     from the date of receipt / production of a copy of this order after

                     giving opportunity of hearing to the petitioner as well as private

                     respondent no. 7 or any other concerned person in accordance

                     with law by a reasoned and speaking order.

                          7. It is made clear that till the BLDR Appeal No. 30 of 2023

                     is finally decided by the Commissioner, Darbhanga Division,

                     the authorities of the State shall not take any action against the

                     petitioner for his dispossession from the property in dispute.



                                             (Anil Kumar Sinha, J)
praful/-

U


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