Patna High Court
Radha Devi @ Prabha DeviversusThe State of Bihar
- Decided
- Disposal
- CONSIGNED
- Bench
- PURNENDU SINGH
Holding
The writ petition was dismissed as the matter should be pursued through the alternative remedies already available to the petitioners.
Summary
Petitioners Radha Devi and Raju Paswan filed a writ petition seeking a court order directing the District Magistrate to investigate their claim of ownership over a plot of land allegedly purchased by oral agreement in 1988, to restore possession, and to initiate civil and criminal action against private respondents who they allege have denied part performance. They also requested compensation for structures they had built on the land. The High Court observed that the petitioners had already approached the National Scheduled Caste Commission and the District Magistrate with representations concerning the same matter, indicating that alternative remedies were available. Accordingly, the Court held that the writ petition did not warrant adjudication by this Court. The petition was therefore consigned to the record, effectively dismissing the application, and the petitioners were advised to approach a competent civil court for a declaration of title.
Issues considered
- Whether the High Court can entertain a writ petition for investigation, restoration of possession, and civil/criminal action when alternative administrative remedies have been pursued.
- Whether the petitioners' claim of ownership based on an oral sale agreement is justiciable under a writ jurisdiction.
Subjects
- writ petition
- land ownership
- oral sale agreement
- possession
- alternative remedy
- jurisdiction
- National Scheduled Caste Commission
- district magistrate
- property dispute
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2046 of 2026
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1. Radha Devi @ Prabha Devi W/o Raju Paswan, resident of Mohalla-Nahru
Nagar, Rama Dental Clinic Gali, P.O. andP.S.-Patliputra, District-Patna.
2. Raju Paswan @ Raju Kumar, S/o Late Bechan Psawan, resident of Mohalal-
Nehru Nagar, Rama Dental Clinic Gali, P.O.andP.S.-Patliputra, District
Patna.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Revenue and Land
Reforms Department, Govt. of Bihar, Patna.
2. The Principal Secretary, Home Department, Government of Bihar, Patna.
3. The Collector-cum-District Magistrate, Patna.
4. The Senior Superintendent of Police, Patna.
5. The Superintendent of Police (West), Patna.
6. The Deputy Superintendent of Police, Kotwali, Patna.
7. The Additional District Magistrate, Patna.
8. The Land Reforms Deputy Collector, Patna Sadar, Patna.
9. The Sub-Divisional Officer-cum-Sub Divisional Magistrate, Patna Sadar,
Patna.
10. The Circle Officer, Patliputra, Kumharar, Patna.
11. The Officer-in-Charge (SHO), Patliputra Police Station, Patna.
12. Ajeet Kumar @ Bhagwan Das, S/o Late Kesho Singh @ Keshav Singh,
resident of Mohalla-Rajapur, Mainpura, P.O.-GPO, Patna, P.S.-Patliputra,
District-Patna.
13. Sangita Devi, W/o Ajeet Kumar @ Rajapur, Mainpura, P.O.-GPO, Patna,
P.S.-Patliputra, District-Patna.
14. Hari Saw, S/o Late Kundan Saw, resident of Mohalla-Nehru Nagar, Near
Rama Dental College, P.O.andP.S.-Patliputra, District-Patna.
15. Bahadur Rai, S/o late Lakhan Rai, resident of Mohalla-Nehru Nagar, Near
Rama Dental College, P.O.andP.S.-Patliputra, District-Patna.
16. Rajan Gupta, S/o Vishwanath Saw, resident of Vishwanath Kirana Shop,
Nehru Nagar, Near Panitanki, Patliputra, Patna-800013, Bihar.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shambhu Sharan Singh, Advocate
For the Respondent/s : Mr. Ajay Behari Sinha, GA(08)
======================================================
Patna High Court CWJC No.2046 of 2026(2) dt.10-02-2026
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CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 10-02-2026 Heard learned counsel appearing on behalf of the
petitioners and learned APP for the State.
2. The petitioners in paragraph no. 1 of the present
writ petition have sought, inter alia, the following relief(s),
which is reproduced hereinafter:-
“1. That this appropriate writ is being filed for
the following relief/reliefs to the petitioners :-
(i) For to direction/order the District Magistrate-
cum-Collector, Patna to enquire into the matter
personally and expeditiously within a week in
respect of ownership of the petitioner on the land
bearing Mauza-Mainpura, Anchal-Patliputra
(Patna Sadar), Kumhrar, Thana-Patliputra, Plot
No. 1629, Khata No.-680, Thana No.-9/2,
JamabandiNo.-488, Area-625 Sq.ft. out of one
Katha agreed to sale by the land owner in oral
sale agreement by the one Kesho Singh @
Keshav Singh, S/o Sakaldeep Kumar @ Ragho
Singh @ Ragho Prasad, Nehru Nagar, Rama
Dental Clinic Gali, P.O.+P.S.-Patliputra,
District-Patna in the year 1988 in the
consideration money taken by him in the 1988 of
Rupees 30,000/- in two terms (i) Rs. 15,000/- in
presence of Hari Saw, Karmu Saw, Muneshwar
Mahto as first installment, (ii) Rupees 15,000/-
in presence of Hari Saw, Karmu Saw,
Muneshwar Mahto, Sidhanath Pahalwan,
Lakhan Rai as second installment and after
taking consideration money in oral agreement
the land owner Kesho Singh @ Keshav Singh
have delivered possession on the aforesaid Parti
Land in question and thereafter the petitioner
have gradually developed a hut with asbestos
room on the land in the year 1988 to 1990 and
subsequently developed Pakka House on their
own expenses. since then both petitioner and
their family members, children are residing,
educating, organized marriage ceremony on the
plot, face the criminal case of electricity theft
and other natural and unsocial activities thereon
since 1988 uptill now and after the death of
Kesho Singh @ Keshav Singh in 2013 the son
(Ajeet Kumar @ Bhagwan Das) and his wife
Sangita Devi of Kesho Singh @ Keshav Singh
denied to made specific part performance
Patna High Court CWJC No.2046 of 2026(2) dt.10-02-2026
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responsibility as aggrieved by the Kesho Singh
@ Keshav Singh.
(ii) For direction/order to the respondent
concern to take an immediate civil and criminal
action against the private owner respondent no.
12 Ajeet Kumar @ Bhagwan Das and respondent
no. 13 Sangita Devi, W/o Ajeet Kumar @
Bhagwan Das, who have denied to make part
performance of contract orally in respect of land
in question by father of Ajeet Kumar @
Bhagwan Das and father-in-law of Sangita Devi,
W/o Ajeet Kumar Bhagwan Das. After the death
of Kesho Singh @ Khatiyani land Keshav Singh
who had agreed to sale orally on the
consideration money of rupees 30,000/- for area
of one Katha in 1988 after receiving of
consideration money in the year 1988 itself in
presence of local person Hari Saw, Karmu Saw,
Muneshwar Mahto, Siddhanath Pahalwan,
Lakhan Rai and private respondent no. 12 and
13 have done false affidavit with concocted story
of landlord and tenantship from eight year in the
year 2021 before the Judicial Court of Law.
(iii) For direction/order to the District
Magistrate, Patna to restore the possession of
petitioner on the plot in question with proper
compensation for demolition of structure and
house made by the petitioner on the plot in
question after oral sale purchase from the
ancestors of respondent no. 12 in 1988.
(iv) For other relief/reliefs as your lordships may
deem fit and proper in the facts and
circumstances of the case.”
3. Considering the relief(s), as prayed for in the
present writ petition, this Court finds that the present writ
petition don’t require adjudication by this Court as the
petitioners have already filed representation before the National
Schedule Caste Commission and the District Magistrate, Patna
against the action of the private respondent nos.12 and 13.
4. The petitioners may also approach competent Civil
Patna High Court CWJC No.2046 of 2026(2) dt.10-02-2026
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Court for declaration of their title in accordance with law.
5. Accordingly, the present application is consigned to
record.
(Purnendu Singh, J)
Ashishsingh/-
U
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