Patna High Court
Laliteshwar Nath TiwariversusState Of Bihar and Ors
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The petition is dismissed and the parties are directed to approach the civil court for redressal.
Summary
The petitioner, Laliteshwar Nath Tiwari, filed a writ petition seeking a direction that the State of Bihar, the Collector, and the Executive Officer of Nagar Parishad not disturb his possession of a parcel of land, asserting rent receipts since 1961. The Nagar Parishad contended that it possessed the land, identified as Kamla Dhar at Mauja‑Hajipur, and had constructed public toilets on an adjoining plot. The Court observed that the dispute involved complex questions of title and possession that are more suitably addressed by a civil suit. Consequently, the Court directed the parties to approach the competent civil court for resolution. The writ petition was therefore disposed of without granting any relief.
Issues considered
- Whether the petitioner is entitled to a writ restraining the respondents from disturbing his possession of the land.
- Whether the High Court can entertain the petition or the matter should be referred to a civil court for adjudication.
Subjects
- possession
- writ petition
- injunction
- civil court
- land dispute
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.18493 of 2018
======================================================
Laliteshwar Nath Tiwari S/o Bageshwar Tiwari, Resident of Village + Post –
Ekma, District – Chapra, presently residing at Chitragupta Nagar, Ward No.
14, P.S. - Chitragupta Nagar, Khagaria, District – Khagaria.
... ... Petitioner/s
Versus
1. State Of Bihar.
2. The Collector, Khagaria.
3. The Executive Officer, Nagar Parishad, Khagaria.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shiv Nandan Prasad Singh, Sr. Advocate
For the Respondent/s : Mr. Deepak Kumar, AC to AAG-7
For the Nagar Parishad : Mr. Krishna Chandra, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
6 13-01-2026 Heard Mr. Shiv Nandan Prasad Singh, learned Senior
counsel for the petitioner and the State as also the Nagar
Parishad, Khagaria.
2. The present petition has been preferred for the
following relief(s):
“for issuance of appropriate writ/order
or direction to the respondents not to disturb the
possession of the petitioner over any part of the
land described in Para-2 of this application.
Pending final hearing of this application,
respondents may be further directed not to
dispossess the petitioner or his family members
Patna High Court CWJC No.18493 of 2018(6) dt.13-01-2026
2/2
from any part of the land.”
3. Though the learned Senior counsel for the
petitioner submits that the rent receipts have been issued in his
favour right from the year 1961, the stand of the Nagar Parishad
is that it is a Kamla Dhar situated at Mauja – Hajipur and Nagar
Parishad is having possession over the land in question.
4. This Court is of the opinion that there is/are
complex questions which has/have to be answered inasmuch as
against the claim of the petitioner that he is having rent receipts
since the year 1961, the claim of the Nagar Parishad is that they
have possession over the land in question and in the adjoining
plot, the public toilets have also been constructed.
5. In that background, it would be appropriate that the
parties approach the competent Civil Court for the redressal of
the grievance.
6. The writ petition stands disposed of with the
aforesaid observation.
(Rajiv Roy, J)
Adnan/-
U
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