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Patna High Court

Jitendra KumarversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The High Court cannot entertain parallel proceedings and must dismiss the writ petition, directing the parties to pursue their claims in the pending civil suit.

Summary

The petitioners filed a public interest litigation alleging that private individuals were encroaching on land owned by the Eastern Railway. The petitioners sought relief from the High Court, while the respondents argued that a title suit concerning the same land was already pending before the Sub‑Judge, Gaya, following a remand order. The Court observed that parallel proceedings on the same subject matter could not be entertained and that the dispute was essentially civil, requiring adjudication based on evidence in the appropriate civil court. It further held that any intervenors could be impleaded under the provisions of the Code of Civil Procedure in the civil suit. Consequently, the Court dismissed the writ petition as there was an adequate remedy in the civil court and ordered its disposal.

Issues considered

  • Whether the High Court can entertain a public interest litigation concerning alleged encroachment when a civil title suit on the same subject is pending.
  • Whether intervenors in the writ petition can have their claims considered by the High Court or must be impleaded in the civil suit.

Subjects

  • public interest litigation
  • encroachment
  • railway land
  • parallel proceedings
  • civil suit
  • impleadment
  • Code of Civil Procedure
  • jurisdiction
  • dismissal

Judgment

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                     Civil Writ Jurisdiction Case No.1801 of 2026
     ======================================================
1.    Jitendra Kumar Son of Nagendra Sharma, Resident of Village Chhotiya,
      Police Station - Hulasganj, District - Gaya.
2.   Rangnath Sharma, Son of Lakshman Sharma, Resident of Mohalla
     Jheelganj, Police Station - Kotwali, District - Gaya.
3.   Ajay Kumar, Son of Ramadhir Singh, Resident of Mohalla Jhilganj, Police
     Station - Kotwali, District - Gaya.
4.   Ram Kumar Sharma, Son of Uday Sharma, Resident of Mohalla - Bajrang
     Colony, Pahsi Lane, Near Balti Factory, Police Station - Kotwali, District -
     Gaya.


                                                                ... ... Petitioner/s

                                        Versus

1.   The State of Bihar through the Additional Chief Secretary, Department of
     Revenue and Land Reforms, Government of Bihar.
2.   The Additional Chief Secretary, Department of Revenue and Land Reforms,
     Government of Bihar.
3.   The District Magistrate cum Collector, Gaya.
4.   The Additional Collector, Gaya.
5.   The Deputy Collector Land Reforms, Gaya.
6.   The Sub Divisional Officer, Sadar Gaya, District Gaya.
7.   The Circle Officer, Sadar Gaya Circle, District Gaya.
8.   The Station House Officer, Kotwali Police Station, District Gaya.
9.   The Union Of India through the Senior Divisional Engineer, East Central
     Railway, Deen Dayal Upadhyay Division, Uttar Pradesh.
10. The Senior Divisional Engineer, East Central Railway, Deen Dayal
    Upadhyay Division, Uttar Pradesh.
11. The Assistant Divisional Engineer, East Central Railway, Deen Dayal
    Upadhyay Division, Uttar Pradesh.

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s   :      Mr. Gajendra Kumar Singh, Advocate
     For the State          :      Mr. P.K. Verma, A.A.G.-3
                                   Mr. Sanjay Kumar Ghosarvey, A.C. to A.A.G.-3
     For the Railway        :      Mr. Sanjeev Kumar, Advocate
     For the Intervenor     :      Mr. Dinu Kumar, Advocate
                                   Mrs. Ritika Rani, Advocate
                                   Mr. Ritu Raj, Advocate
                                   Mr. Vardaan Mangalam, Advocate
                                   Mrs. Kanika, Advocate
Patna High Court CWJC No.1801 of 2026 dt.19-06-2026
                                           2/4




       ======================================================
       CORAM: HONOURABLE THE CHIEF JUSTICE
               and
               HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
       ORAL JUDGMENT
       (Per: HONOURABLE THE CHIEF JUSTICE)
       Date : 19-06-2026

                       Heard learned counsel for the parties.

                      2. This Public Interest Litigation has been filed

         alleging that land belonging to the Railway Authorities is

         being encroached upon by private individuals.

                      3. Learned counsel appearing for the contesting

         respondents invites the attention of this Court to paragraph

         4 of the order dated 09.04.2026, which is extracted

         hereinbelow:

                                      " 4. It is contended by the learned
                         counsel for the intervenors that intervenor
                         petitioner no. 3, Bamdeo Sharma, along with
                         two others, namely Kunti Kumari and Kunal
                         Kishore,       had      instituted     Title    Suit   No.
                         5/06/406/05        against    the     Eastern    Railways
                         through its General Manager, Headquarters,
                         Hajipur. The said suit was dismissed vide
                         judgment        and     decree       dated     07.01.2012.
                         Aggrieved by the same, the plaintiffs preferred
                         Title Appeal No. 67-12/11-12 before the learned
                         Additional District Judge-IV, Civil Court, Gaya,
                         who, vide order dated 04.05.2018, was pleased
                         to set aside the judgment dated 07.01.2012
                         and decree dated 08.01.2012, and remitted the
                         matter back to the learned Sub Judge, Gaya for
                         fresh consideration."
Patna High Court CWJC No.1801 of 2026 dt.19-06-2026
                                           3/4




                      4. In view of the aforesaid facts, it is apparent

         that the Title Suit is presently pending before the learned

         Sub-Judge, Gaya, pursuant to the remand order passed by

         the learned Additional District Judge-IV, Civil Court, Gaya. In

         such circumstances, parallel proceedings in respect of the

         same subject matter ought not to be entertained. Further,

         upon consideration of the submissions advanced on behalf

         of the parties, we are of the considered view that the

         dispute is essentially civil in nature. Questions relating to

         title,    ownership         and         alleged    encroachment        can

         appropriately be adjudicated only on the basis of evidence

         to be led by the respective parties before the competent

         Civil Court.

                      5.    Learned      counsel      for   the   petitioners   has

         submitted         that     certain       intervenors     have    entered

         appearance in the present proceedings and, therefore, their

         claims ought to be considered by this Court.

                      6. Having considered the aforesaid submission,

         we are of the opinion that the law provides an adequate

         remedy for impleadment of necessary parties before the

         Civil Court under the provisions of the Code of Civil

         Procedure. The intervenors are at liberty to avail such

         remedies as may be available to them in accordance with

         law before the competent Civil Court.

                      7. In the aforesaid circumstances, we find no

         reason to keep the present Public Interest Litigation
             Patna High Court CWJC No.1801 of 2026 dt.19-06-2026
                                                        4/4




                      pending. The writ petition stands dismissed and disposed

                      of, accordingly.




                                           (Meenakshi Madan Rai, CJ)


                                                 (Soni Shrivastava, J)
Neha/-
AFR/NAFR
CAV DATE
Uploading Date          22.06.2026
Transmission Date


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