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Patna High Court

Chandeshwari BhagatversusThe State Of Bihar and Ors

Decided
Disposal
WITHDRAWN

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The writ petition was dismissed as withdrawn.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 Consequently, the writ petition was dismissed as withdrawn.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
                                           2/3




                          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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