Patna High Court
Indravati DeviversusThe State Of Bihar and Ors
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The Court held that the complex factual and legal issues should be decided by a competent civil court, granting a status‑quo order for eight weeks and disposing of the writ petition.
Summary
Indravati Devi filed a writ petition seeking a command that the State and its officials refrain from constructing a road over land that had been settled by the Bhoodan Yagna Committee. The petition also sought to prevent any alteration of the road's alignment as per the tender. The respondents, including the State of Bihar and various district officials, contested the petitioner's locus standi and claimed the land belonged to the State. The Court observed that the matters involved complex questions of fact and law that are more suitably adjudicated by a civil court. Accordingly, the petitioner was directed to file a suit in the appropriate civil court within eight weeks, and the status‑quo order previously granted was extended for the same period. The writ petition was thereafter disposed of.
Issues considered
- What is the locus standi of the petitioner to seek a writ concerning the land settled by the Bhoodan Yagna Committee?
- Does the land in question belong to the State of Bihar, rendering the petition inappropriate before the High Court?
- Whether the High Court can grant interim relief or should the dispute be decided by a civil court?
Subjects
- Bhoodan Yagna
- land settlement
- writ of certiorari
- construction of road
- locus standi
- civil suit
- status quo
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1813 of 2018
======================================================
Indravati Devi w/o Valmiki Singh r/o village - Mirzapur, P.O. and P.S.
Hathua, District - Gopalganj.
... ... Petitioner/s
Versus
1. The State Of Bihar
2. The Collector, District - Gopalganj.
3. The Additional Collector, District - Gopalganj.
4. The Sub Divisional Officer, District - Gopalganj.
5. The Deputy Collector Land Reforms Hathua, District - Gopalganj.
6. The Circle Officer Hathwa Block Hathwa, District - Gopalganj.
7. The Secretary, Bhoodan Yagna Committee, Gopalganj.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ranjan Kumar Dubey, Advocate
Mr. Kumar Gaurav, Advocate
Ms. Sheshadri Kumari, Advocate
Ms. Ishiqua Raj, Advocate
For the Respondent no.7 : Mr. Rajni Kant Singh, Advocate
For the State : Mr. Navnit Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
5 12-01-2026 Heard the parties.
I.A. No. 01 (1129) of 2018:
2. The aforesaid Interlocutory Application has been
preferred for amending the petition as follows:
“for issuance of writ in the nature of
certiorari for quashing the letter no. 62
dated 25.01.2018 issued under the
signature of Circle Officer, Hathua by
which he has hold that the Parcha issued
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by the Bhoodan is not admissible”.
3. There is no opposition from the other side.
4. I.A. No. 01 (1129) of 2018 is allowed.
5. Let the prayer incorporated in I.A. No. 01 (1129) of
2018 be read with the main prayer of the petition.
C.W.J.C. No. 1813 of 2018:
6. Heard Mr. Ranjan Kumar Dubey, learned counsel
for the petitioner and the State.
7. The present petition has been preferred for the
following relief/s:
(i) for issuance of writ in the nature of
command directing the respondent Ist set to
not make any construction of road over the
land of petitioner which has been settled by
the Bhoodan Yagna Committee through due
process of law;
(ii) for issuance of writ in the nature of
command directing the respondent 1st set to
make construction of road over the land for
which tender has been done and some work
has already been done also by the person to
whom work has been allotted;
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(iii) for issuance of writ in the nature of
command directing the respondents to not
divert to road from it original shape as
published in the tender and that too without
any change in the earlier tender or any
direction by the higher authorities;
(iv) for any other writ/writs, order/orders for
which petitioner deemed entitled to.
8. The counter affidavit of both the respondents have
come in which they have not only questioned the locus standi of
the petitioner, vis-a-vis land in question, the the State has
submitted that it belong to the State of Bihar and any transfer
made is without law.
9. In the opinion of the Court, there is complex
question of facts/law which can very well be adjudicated before
the competent Civil Court for the redressal of the grievance. The
petitioner undertakes to file appropriate suit before the
competent Civil Court in next eight weeks and in that
background, the status-quo order that was granted by the
coordinate bench of this Court on 05.03.2018 to continue for
the next eight weeks.
10. Needless to add, the petitioner will be at liberty to
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approach the concerned competent Civil Court for providing
interim relief, if any, thereafter.
11. The writ petition is disposed of with the aforesaid
observation.
(Rajiv Roy, J)
Ravi/-
U
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