Patna High Court
Mosmat Rajkumari DeviversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- AJIT KUMAR
Holding
The Court held that the petitioner's grievance should be ventilated before the authority designated under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, and therefore dismissed the writ petition.
Summary
Mosmat Rajkumari Devi filed a writ petition seeking quashing of an order dated 15.07.2025 passed by the Collector‑cum‑District Magistrate, Khagaria, which held that the court lacked jurisdiction over a property dispute and directed police protection. The petition also demanded directions to prevent certain respondents from entering the petitioner's land and to ensure safety of life and property. The petitioner later filed an interlocutory application invoking the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, suggesting that the grievance could be adjudicated by the statutory tribunal. The State and private respondents did not contest the suggestion to approach the tribunal under the Act. The High Court directed the petitioner to file an application before the authority designated under the 2007 Act within four weeks and ordered that the writ petition stand disposed. Consequently, the court declined to entertain the writ and referred the matter to the appropriate statutory forum.
Issues considered
- Whether the Collector‑cum‑District Magistrate had jurisdiction to dispose of the immovable property dispute between the parties.
- Whether the High Court can quash the Collector's order and issue directions for police protection and prohibition of entry onto the petitioner's land.
- Whether the grievance under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, is the appropriate forum for adjudication of the dispute.
Legislation cited
Subjects
- jurisdiction
- writ of certiorari
- property dispute
- police protection
- Maintenance and Welfare of Parents and Senior Citizens Act, 2007
- civil court jurisdiction
- interlocutory application
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.17193 of 2025
======================================================
1. Mosmat Rajkumari Devi wife of Late Ramashankar Prasad, Resident of
mohalla- Vidyadhar, P.S. Khagaria, District- Khagaria at present residing at
Janakpuri Apartment Chirachas, District- Bokaro (Jharkhand), PIN -827013.
2. Prakash Chandra Prasad, son of Late Rajendra Prasad, Resident of mohalla-
Vidyadhar, PO.-Khagaria, P.S. Khagaria, District- Khagaria. At present City
Enclave, North Anandpuri, Patna 800001.
... ... Petitioner/s
Versus
1. The State of Bihar through the District Magistrate, Khagaria.
2. The Divisional Commissioner, Munger Division, Munger.
3. The Collector-cum-District Magistrate, at Khagaria.
4. The Sub-Divisional Officer-cum-Sub-Divisional Magistrate, at Khagaria.
5. The Circle Officer, Khagaria.
6. The Superintendent of Police, Khagaria.
7. The Deputy Superintendent of Police, Khagaria.
8. The Station House Officer/Officer in-charge, Town Thana, Khagaria, P.S.
Khagaria, District- Khagaria.
9. Mahesri Yadav @ Mahesh Yadav, son of late Ghoghan Yadav, resident of
mohalla- Daan Nagar, P.S. and District- Khagaria.
10. Sanjeev Kumar, Son of Mahesri Yadav, resident of mohalla- Daan Nagar,
P.S. and District- Khagaria.
11. Amit Kumar, Son of Mahesri Yadav, resident of mohalla- Daan Nagar, P.S.
and District-Khagaria.
12. Sunit Kumar, Son of Mahesri Yadav, resident of mohalla- Daan Nagar, P.S.
and District-Khagaria.
13. Nitish Kumar, son of Mahesri Yadav, resident of mohalla- Daan Nagar, P.S.
and District-Khagaria.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Alok Kumar Choudhary, Sr. Advocate
Mr. Ajay Prasad, Advocate
Ms. Isha Anu, Advocate
For the Respondent/s : Mr. Subhash Pd. Singh, GA (03)
Mr. Dilip Kumar, AC to GA (03)
For Respondent No. 9, : Mr. Mrityunjay Kumar, Advocate
11, 12 & 13
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
8 02-07-2026 Heard learned senior counsel for the petitioner,
Patna High Court CWJC No.17193 of 2025(8) dt.02-07-2026
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learned counsel for the State and learned counsel for the
respondents.
2. The writ petition has been filed for the following
reliefs:-
A. A writ in the nature of
certiorari for quashing the order dated
15.07.2025 passed by the learned Collector-
cum- District Magistrate, Khagaria in Misc.
Case No.09/2024-25 by which the Learned
Collector-cum-District Magistrate,
Khagaria has disposed of the Misc. Case
with observation that this court has no
jurisdiction to decide the dispute relating to
immovable property between the parties and
appropriate civil court can only decide the
said dispute. The Id. Collector-cum-District
Magistrate has further ordered that as far as
security and safety of the petitioner is
concerned, Superintendent of Police is
directed to take appropriate action after
appropriate investigation regarding safety
and security of the petitioners.
B. For issuance of a direction to
the Superintendent of Police, Respondent
No.6, to take necessary action with regard to
protection of life of property of the
petitioners.
C. For issuance of a direction to
the respondent consider the state authorities
to representation/petition filed by the
petitioners with regard to protection of life
and property of the petitioners.
D. For a direction to the
respondent no.9 to 13 prohibiting them from
entering into the land of the petitioners as
well issue a direction to the respondent no.9
Patna High Court CWJC No.17193 of 2025(8) dt.02-07-2026
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to 13 not to make any hindrance as well as
not to dispasses as by forcely from the
petitioners bearing Khata No.153, 18, 513,
Khesra 1477, Area 6 Khatha 15 Dhur, Thana
No.265 which purchases from the father in
law of the petitioner no.1 Late Rajendra
Prasad and father of the petitioner Late
Rajendra Prasad.
E. For issuance of a direction to
the respondent no.8, Station House Officer,
Town Thana, Khagaria not to allow the
respondents no. 9 to 13 to enter into the land
of the petitioners during pendency of the writ
application.
F. For grant of any other
relief/reliefs to which the petitioners may be
found entitled to in the facts and
circumstances of this case.
G. For any other appropriate
writ/writs, order/orders, direction/directions
which may be found fit in the facts and
circumstances of the case.
3. In view of the order dated 23.06.2026, this matter
was adjourned, at the request of learned senior counsel for the
petitioner, to file appropriate Interlocutory Application molding
the relief sought in the writ petition. And, today, when this
matter is called out, the senior counsel has apprised this Court
that interlocutory application pursuant to last order has been
filed being I.A. No. 02 of 2026 in which the petitioner has
sought intervention of this Court seeking quashing of order
dated 15.07.2025 passed by learned Collector-cum-District
Patna High Court CWJC No.17193 of 2025(8) dt.02-07-2026
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Magistrate, Khagaria in Misc. Case No. 09/2024-25, whereby
the learned Collector-cum-District Magistrate, Khagaria is said
to have been disposed of this said miscellaneous case with the
observation that the Collector-cum-District Magistrate,
Khagaria has no jurisdiction to dispose the issues relating to
land / property between the parties and appropriate Civil Court
can only decide the said dispute.
4. By way of Interlocutory Application, learned senior
counsel invites the attention of this Court to the provisions of
Maintenance and Welfare of Parents and Senior Citizens Act,
2007 and submits that the Tribunal, which is said to have been
constituted, could have well addressed the grievances of this
petitioner and, accordingly this matter may be directed to be
adjudicated by the said authority.
5. On the other hand, learned counsel for the State and
private respondents, who have also filed their affidavit in this
case, does not dispute the stand taken by the learned senior
counsel to get his grievances ventilated before the said authority,
in terms of the provisions of the aforesaid legislation in
accordance with law.
6. Considering the submissions of the parties, this
Court directs this petitioner to get his grievances ventilated by
Patna High Court CWJC No.17193 of 2025(8) dt.02-07-2026
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filing a proper application before the authority concerned
designated under the said legislation within a period of four
weeks time from today and in case such application, with all
supportive materials to justify his claim and to get the issues
adjudicated, is filed the same shall be adjudicated in terms of the
Act.
7. It is expected that by issuing notices to all the
concerned, and securing their presence, necessary orders shall
be passed, in accordance with law.
8. With the above observation and direction, this
instant Writ Petition stands disposed of.
(Ajit Kumar, J)
surya/-
U
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