Patna High Court
Chandeshwari BhagatversusThe State Of Bihar and Ors
- Decided
- Disposal
- WITHDRAWN
- Bench
- RAJIV ROY
Holding
The writ petition was dismissed as withdrawn.
Summary
The petitioner, Chandeshwari Bhagat, filed a writ petition challenging an order dated 22‑09‑2012 issued by the D.C.L.R., Birpur under the Bihar Land Dispute Redressal Act, 2009, and a subsequent order dated 16‑08‑2013 by the Divisional Commissioner which dismissed an appeal. The petitioner argued that the quasi‑judicial authority lacked jurisdiction because a title suit concerning the disputed land was pending, raising a preliminary objection on maintainability. The petition sought to set aside the orders and obtain appropriate relief. During the hearing, the petitioner’s counsel requested withdrawal of the petition, which the court permitted. Consequently, the writ petition was dismissed as withdrawn.
Issues considered
- Whether the D.C.L.R. and the Divisional Commissioner had jurisdiction to entertain the matter under the Bihar Land Dispute Redressal Act, 2009 when a title suit was pending
- Whether the preliminary objection on maintainability raised by the petitioner was valid
Subjects
- writ petition
- land dispute
- jurisdiction
- maintainability
- Bihar Land Dispute Redressal Act
- withdrawal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.19775 of 2013
======================================================
Chandeshwari Bhagat S/Osaryut Bhagat Resident Of Ward No. 7, Birpur, P.S-
Birpur, District- Supaul.
... ... Petitioner/s
Versus
1. The State Of Bihar
2. The Divisional Commissioner, Koshi Division, Saharsa.
3. The D.C.L.R., Birpur, Supaul.
4. The Circle Officer, Basantpur, Birpur, District- Supaul.
5. Dipak Kumar Swarnkar S/O Jai Narayan Swarnkar Resident Of Ward No. 7,
Birpur, P.S- Birpur, District- Supaul.
6. Abdul Kudush S/O Late Abdul Gaffur Resident Of Ward No. 7, Birpur, P.S-
Birpur, District- Supaul.
7. Bidya Sagar Rai S/O Late Sarabjit Rai Resident Of Ward No. 7, Birpur, P.S-
Birpur, District- Supaul.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vivek Kumar, Advocate
For the Respondent/s : Mr. Sarnesh Kumar Singh, AAG-13
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
5 27-01-2026 Heard the parties.
2. The present petition has been preferred for the
following relief(s):
“That this writ application is directed
against the order dated 22.09.12 (Annexure-5)
passed in Case No. 19/2011 by the learned
D.C.L.R., Birpur under the provision of Bihar Land
Dispute Redressal Act, 2009, whereby and
whereunder after being remitted back the matter
Patna High Court CWJC No.19775 of 2013(5) dt.27-01-2026
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from the leve of learned Divisional Commissioner,
Koshi Division, Saharsa, disputed having raised
the preliminary objection regarding maintainability
of the case on the ground that regarding to issue in
question in which question of Title and possession
over the lands in question is involved and
regarding which title suit is pending and as such
under the Bihar Land dispute Redressal Act quashi
judicial authority has no jurisdiction to decide the
matter but ignoring the same impugned order has
been passed as also order dated 16.08.2013
(Annexure-6) passed by the learned Commissioner
in Land Dispute Appeal No. 512/12, whereby and
whereunder the learned Appellate authority
without considering the materials available on
records and misconstruing the legal aspect as well
as objection raised by the petitioner has dismissed
the appeal and the order passed by the learned
D.C.L.R. which is not proper in the eye of law. Any
other order/orders for granting any other
relief/reliefs for which the petitioner found entitled
with the facts and circumstances of the case.”
Patna High Court CWJC No.19775 of 2013(5) dt.27-01-2026
3/3
3. Mr. Vivek Kumar, learned counsel for the petitioner
prays for withdrawal of the petition.
4. Permission accorded.
5. Accordingly, the writ petition stands dismissed as
withdrawn.
(Rajiv Roy, J)
Adnan/-
U
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