Patna High Court
Vidyanand Rai @ Vidya Rai @ Vidya Nand RaiversusThe State of Bihar through the Principal Secretary,
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
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
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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
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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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