Patna High Court
Siya Devi and AnrversusThe State Of Bihar and Ors
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The writ petition is disposed of, directing the parties to approach a competent civil court for a title suit, with interim protection granted for six weeks.
Summary
The petitioners, heirs of the deceased Siya Devi, claimed ownership of a parcel of land recorded as Gairmajarua (non-cultivable) and sought to quash several orders that cancelled its mutation, alleging the land was a pond (Pokhar) used by villagers. The State of Bihar and land officials contended that the land was a water body and could not be allotted to any private party, leading to cancellation of its Jamabandi. The High Court noted a serious dispute over the nature and title of the land, which, in its view, should be resolved by a competent civil court rather than through writ jurisdiction. Consequently, the Court disposed of the writ petition, directing the petitioners to file a proper title suit within four weeks. The Court granted the petitioners interim protection for six weeks to prevent dispossession pending the civil suit. The matter will thereafter proceed in the civil court for final determination.
Issues considered
- Whether the High Court can entertain a writ petition to quash orders cancelling mutation of land alleged to be Gairmajarua.
- Whether the nature of the land (water body vs Gairmajarua) can be determined by the writ jurisdiction.
- Whether interim protection can be granted pending filing of a civil suit for title determination.
Subjects
- land mutation
- Gairmajarua
- water body
- writ jurisdiction
- civil suit
- interim protection
- land reform
- title dispute
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.18967 of 2018
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1. Siya Devi and Anr Wife of Late Bhudeo Panjiyara, resident of Village-
Mojahidpur, Police Station- Samarpur, District- Banka through her Son
namely Raghbendra Panjiyara, Son of Late Bhudeo Panjiyara, resident of
Village- Mojahidpur, Police Station- Samarpur, District- Banka.
2. Most. Jaimala Devi, Wife of Late Dasrath Panjiyara, resident of Village
Mojahidpur, Police Station- Samarpur, District- Banka through her Son
Amrendra Panjiyara, Son of Late Dasrath Panjiyara, resident of Village-
Mojahidpur, Police Station- Samarpur, District- Banka.
... ... Petitioner/s
Versus
1. The State Of Bihar and Ors
2. The Collector, Banka.
3. The Additional Collector, Banka.
4. The Deputy Collector Land Reform, Banka.
5. The Circle Officer, Anchal- Amarpur, District- Banka.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pravashankar Mishra, Adv.
For the Respondent/s : Mr. Prerna Anand, AC to GP-18
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
4 05-01-2026 I.A. No. 02 of 2021
The aforesaid Interlocutory Application has been
preferred for substituting the petitioner no. 1, Siya Devi @ Sita
Devi who died on 12.08.2019 leaving behind the heirs as
recorded in paragraph 2 of the petition as follows:
(i) Rajendra Panjiyara, aged
about 68 years, Gender-male, Son of Late
Bhudeo Panjiyara, resident of village-
Mojahidpur, Police Station- Amarpur,
District-Banka. He is the eldest son of the
Patna High Court CWJC No.18967 of 2018(4) dt.05-01-2026
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deceased petitioner no.1.
(ii) Raghvendra Panjiyara, aged
about 62 years, Gender-male, Son of Late
Bhudeo Panjiyara, resident of village-
Mojahidpur, Police Station- Amarpur,
District-Banka. He is the second son of the
deceased petitioner no.1.
(iii) Shashimani Devi, aged about
55 years, Daughter of Late Bhudeo
Panjiyara, Wife of Anil Kumar Choudhary,
resident of village- Surba, P.O- Motanga
Police Station-Dhoriya, District-Banka. She
is the youngest and only daughter of the
deceased petitioner no.1.
(iv) Ashutosh Kumar, aged about
33 years, Gender-male, Son of Rajendra
Panjiyara, resident of village- Mojahidpur,
Police Station- Amarpur, District-Banka. He
is the grandson of the deceased petitioner
no.1.
(v) Krishna Kumari, aged about
37 years, Gender-Female, Daughter of
Rajendra Panjiyara, resident of village-
Mojahidpur, Police Station- Amarpur,
District-Banka. She is the granddaughter of
the deceased petitioner no. 1.
(vi) Abhishek Kumar, aged about
28 years, Gender-male, Son of Raghvendra
Panjiyara, resident of village-Mojahidpur,
Police Station- Amarpur, District-Banka. He
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is the grandson of the deceased petitioner
no.1.
(vii) Aditya Kumar, aged about 22
years, Gender-male, Son of Raghvendra
Panjiyara, resident of village-Mojahidpur,
Police Station- Amarpur, District-Banka. He
is the grandson of the deceased petitioner
no.1.
2. There is no objection from the other side.
3. Accordingly, I.A. No. 02 of 2021 is allowed. Let
the name of Siya Devi @ Sita Devi be substituted by the heirs as
recorded above.
4. Office to do the needful.
I.A. No. 01 of 2019
6. The aforesaid I.A. has been preferred by some of
the villagers of the Muhahidpur, Amarpur Circle Office, Banka
claiming themselves to be the necessary parties as the land in
question is a ‘Gairmajarua’ recorded as ‘Pokhar’ (pond) used by
the people of the area and as such, any outcome of the present
petition will be having bearing on them.
7. In that background and when there is no objection
from the other side, I.A. No. 01 of 2019 is allowed.
CWJC No. 18967 of 2018
8. Heard the parties.
9. The present application has been preferred for the
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following relief(s):
(i) To issue a Writ in the nature of
Certiorari for quashing the order dated
16.03.2018 passed by Learned Bihar Land
Tribunal, Patna in BLT Case No.1028 of
2015, and consequent upon quashing of the
same, issuance of Writ in the nature of
Certiorari for quashing order dated
20.06.2015 whereby the Additional Collector,
Banka has approved the cancellation of
mutation of land bearing Khata no. 10,
khesra no. 80/60, Rakba 3.80 acre, typed of
land Gair majarua Aam Pokhar and also
quashing the order dated 05.05.2015
whereby the Deputy Collector Land Reform,
Banka has recommended for cancellation of
mutation of the above said land and
quashing the order dated 12.02.2014 in
cancellation of mutation case no. 3/2014-15
whereby the Circle Officer, Amarpur has
recommended against the petitioners.
(ii) To issue a Writ in the nature of
Mandamus commanding the respondents to
allow the petitioners to resume the
concerned land.
(iii) To any other relief or reliefs to
which the petitioner is entitled in the facts
and circumstances of the case.
10. A counter affidavit has come on behalf of the
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Circle Officer, Amarpur, Banka according to which, the present
land in question is a Pokhar (water body) which cannot be
settled to anyone. It was in the aforesaid circumstance that
recommendation was made for the cancellation of ‘Jamabandi’
which has now been approved by the order in question by the
Additional Collector and as such, it needs no interference.
11. It has been further averred in the counter affidavit
that there is serious question of title over the disputed land
which certainly can be adjudicated by a Competent Civil Court
as there is claim and counter claim.
12. On the one hand, the petitioner claims it to be a
‘Gairmajarua’ land and on the other hand, the State insists that it
is a water body and under no circumstance, can be settled to a
private person much less the petitioner.
13. This Court is of the opinion that when there is
serious dispute regarding the land/its nature, the State has
rightly pointed out that the same can at best be adjudicated by a
Competent Civil Court and cannot be decided in a writ
jurisdiction.
14. The petitioner, at this stage, submits that they shall
be filing a proper petition before a competent Civil Court but
immediately after the disposal of the writ petition, the
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respondents may resort to their dispossession and as such,
considering that interim protection was granted earlier on
22.05.2019, till the filing of the petition before the Court, they
shall be given protection after which they shall be taking up
steps for getting interim relief from the Court in question.
15. In that background, the writ petition is disposed of
allowing the petitioners to approach the competent Civil Court
by filing a proper title suit in next four weeks.
16. Needless to add, once the said petition is filed, the
parties shall be free to adduce evidence/produce documents in
their respective support whereafter, the matter will be taken to
its logical conclusion. The petitioners are granted interim
protection for a limited period of six weeks whereafter they are
duty-bound to approach the concerned Court for grant of relief.
17. The writ petition is disposed of with aforesaid
observation.
(Rajiv Roy, J)
Vijay Singh/-
U
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