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Patna High Court

Vidyanand Rai @ Vidya Rai @ Vidya Nand RaiversusThe State of Bihar through the Principal Secretary,

Decided
Disposal
DISPOSED

Holding

The High Court disposed of the writ petition, holding that since the statutory appeals are now pending before the Commissioner, interim relief restraining dispossession is not warranted.

Summary

The petitioner Vidyanand Rai filed a writ petition seeking a writ restraining various state officials, including police, from dispossessing him of land in Mouza Digha while two statutory appeals (appeal no. 1003/2024‑25 and appeal no. 51/2025‑26) are pending before the Commissioner, Patna Division. The petitioner alleged that earlier the Commissioner had not taken up the appeals, prompting the petition, and that letters dated July‑August 2025 threatened forcible dispossession without due process. The State counsel argued that the appeals are now being heard and should be concluded expeditiously, and that cooperation among parties would resolve the matter. Justice Rajiv Roy observed that the appeals are indeed pending and that once they are heard and disposed of, the interim relief sought is unnecessary. Accordingly, the writ petition was disposed of without granting the reliefs.

Issues considered

  • Whether the High Court should grant interim relief restraining coercive dispossession of the petitioner’s land pending the hearing of statutory appeals
  • Whether the petitioner can be dispossessed under the Bihar Land Dispute Resolution Act without a civil court determination of title
  • Whether the Commissioner’s earlier inaction justified the filing of the writ petition

Subjects

  • land dispute
  • writ petition
  • interim relief
  • coercive dispossession
  • Bihar Land Dispute Resolution Act
  • civil court jurisdiction
  • statutory appeal

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Civil Writ Jurisdiction Case No.15064 of 2025
                 ======================================================
                 Vidyanand Rai @ Vidya Rai @ Vidya Nand Rai Son of Late Bhagwat Rai,
                 Resident of Makhdumpur Gate No. 87, P.S. - Digha, District- Patna, Bihar.

                                                                       ... ... Petitioner/s
                                                Versus
           1.    The State of Bihar through the Principal Secretary, Revenue and Land
                 Reforms Department, Government of Bihar, Patna.
           2.    The Commissioner, Patna Division, Bihar.
           3.    The Deputy Collector (Land Reforms), Patna Sadar, Bihar.
           4.    The Circle Officer, Patna Sadar, Bihar.
           5.    Senior Superintendent of Police, Patna.
           6.    SHO, Digha Police Station, Patna.
           7.    Nirmala Kumari Wife of Arun Kumar, Resident of Maniyawa, P.S. -
                 Jahanabad, District- Jahanabad, Bihar Mouza Digha, Thana No. 1, Patna.
           8.    Urmila Sharma W/o Late Ramanand Sharma, Resident of B-43, Sant Marry
                 Carch, Buddha Colony, P.S. - Buddha Colony, District- Patna, Mouza Digha,
                 Thana No. 1, Patna.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :        Mrs. Shama Sinha, Adv.
                                                 Mr. Vijayansh Pratap Singh, Adv.
                                                 Mr. Surya Prakash, Adv.
                 For the Respondent/s   :        Mr. Kirkar Kumar, SC-9
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

3   31-03-2026                      Heard Mrs. Shama Sinha, learned counsel for the

                   petitioner and the State.

                                 2. The present application has been preferred for the

                   following relief(s):

                                                      (i). Issue an appropriate writ,
                                            order,   or     direction.      restraining   the
                                            Respondents, including police officials, from
                                            taking any coercive steps or attempting to
                                            dispossess the Petitioner from the land
Patna High Court CWJC No.15064 of 2025(3) dt.31-03-2026
                                           2/3




                                 situated at Mouza Digha, Thana No. 1,
                                 Khata No. 2019/79, Khesra No. 4816,
                                 measuring 1 Katha 16 Dhur (6.25 decimals),
                                 during the pendency of statutory appeals
                                 bearing appeal no. 1003/2024-25 and appeal
                                 no.51/2025-2026            filed       before       the
                                 Commissioner, Patna Division, arising out of
                                 Land Dispute Case Nos. 31/2023-24 and
                                 32/2023-24;
                                              (ii) Restrain the Respondents from
                                 giving effect to, implementing, or acting
                                 upon letters dated 30.07.2025, 07.08.2025
                                 and       14.08.2025,        or       any       similar
                                 communication,           which     threaten     forcible
                                 dispossession of the Petitioner without
                                 following due process of law
                                              (iii). Declare that the Petitioner
                                 cannot       be     dispossessed       in     summary
                                 proceedings under the Bihar Land Dispute
                                 Resolution Act on basis of the letters/orders
                                 of DCLR using police force, since questions
                                 of title and validity of rival sale deeds can
                                 only be adjudicated by the competent civil
                                 court;
                                              (iv). Direct the Respondents and
                                 their officials not to execute or give effect to
                                 the orders passed in Land Dispute Case Nos.
                                 31/2023-24 and 32/2023-24, in so far as they
                                 affect the Petitioner's possession, till the
                                 disposal of the pending appeals by the
           Patna High Court CWJC No.15064 of 2025(3) dt.31-03-2026
                                                      3/3




                                            Commissioner;
                                 3. Mrs. Sinha submits that earlier, the Commissioner,

                     Patna Division was not taking up the appeals vide Appeal no. 1003

                     of 2024-25 as also the Appeal no. 51/ 2025-26 forcing him to

                     approach the Patna High Court.

                                 4. The contention is that the now both the appeals are

                     being heard and in that background, an appropriate order be

                     passed.

                                 5. Learned State Counsel submits that the appeals shall

                     be taken to its logical conclusion if parties co-operate in the

                     matter.

                                 6. In that background, when the stand is that the

                     Commissioner, Patna Division, Patna has taken up two appeals,

                     expecting it to be expedited and after hearing all the parties and

                     perusing the records, be disposed of within a reasonable time

                     frame, the writ petition is disposed of.



                                                   (Rajiv Roy, J)
Vijay Singh/-

U


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