Patna High Court
Bhushan KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PURNENDU SINGH
Holding
The Court directed the Deputy Collector (Land Reforms) to dispose of the pending application and disposed of the present petition, granting the petitioner liberty to approach the Deputy Collector while retaining the option to file a civil suit.
Summary
Bhushan Kumar filed a petition in the Patna High Court seeking liberty to pursue the pending matter before the Deputy Collector (Land Reforms) in Madhubani and simultaneously file a civil suit for confirmation of his title and declaration of possession. No substantive merit submissions were made. The Court examined the nature of the relief and the jurisdictional aspects, and directed the Deputy Collector to dispose of the pending application in accordance with law. Consequently, the Court disposed of the present petition, granting the petitioner liberty to approach the Deputy Collector while leaving the option to file a civil suit open. The order effectively closed the petition without adjudicating the merits of the title claim.
Issues considered
- Whether the petitioner may simultaneously pursue the remedy before the Deputy Collector (Land Reforms) and file a civil suit for title confirmation
- Whether the High Court has jurisdiction to entertain the petition seeking such liberty
Subjects
- Land Reforms
- Title Confirmation
- Jurisdiction
- Civil Suit
- Writ Jurisdiction
- Deputy Collector
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.20721 of 2025
======================================================
Bhushan Kumar Son of Shri Vinay Prasad @ Vinay Prasad @ Vinay Kumar
Prasad, Resident of Village- Deep Paschimi, P.S.- Jhanjharpur, District-
Madhubani.
... ... Petitioner/s
Versus
1. The State of Bihar.
2. The Additional Chief Secretary, Land Reforms and Revenue Department,
Government of Bihar, Patna.
3. The Collector, Madhubani.
4. The Additional Collector, Land Reforms, Madhubani.
5. The Sub-Divisional Officer, Jhanjharpur, Madhubani.
6. The Circle Officer, Lakhnaur Madhubani.
7. The Circle Amin, Lakhnaur Madhubani.
8. The Revenue Clerk, Lakhnaur Madhubani.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhinay Raj, Advocate
For the Respondent/s : Mr. Vikramadit, AC to SC (22)
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 08-01-2026 Heard Mr. Abhinay Raj, learned counsel appearing on
behalf of the petitioner and Mr. Vikramadit, learned AC to SC
(22) for the State.
2. Mr. Abhinay Raj, learned counsel appearing on
behalf of the petitioner without making any submission on merit
submitted that as the matter is now pending before the Deputy
Collector Land Reforms, Madhubani, he seeks to pursue remedy
before him and at the same time he seeks liberty to file civil suit
for confirmation of his title and declaration of his possession
Patna High Court CWJC No.20721 of 2025(2) dt.08-01-2026
2/2
before the competent Court having jurisdiction.
3. Considering the submission made on behalf of the
petitioner and the nature of relief, the Deputy Collector Land
Reforms, Madhubani is directed to dispose of the application
filed on behalf of the petitioner in accordance with law.
4. Accordingly, the present application stands
disposed of with the aforesaid liberty.
(Purnendu Singh, J)
Ashishsingh/-
U
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