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Patna High Court

Ishwar Lal PrasadversusThe State Of Bihar and Ors

Decided
Disposal
DISPOSED

Holding

The writ petition is not maintainable; the petitioner must seek relief through a competent civil court.

Summary

The petitioner, Ishwar Lal Prasad, filed a writ petition seeking quashing of several orders of the Bihar Land Tribunal, the Commissioner, and other officials, and directed demarcation of disputed land in Village Bhelahi. He alleged that after a criminal proceeding under Section 144 Cr.P.C. was decided in favour of a private respondent, the subsequent civil relief of land demarcation was denied by the Tribunal. The State argued that the petitioner should have approached a competent civil court rather than invoking writ jurisdiction. The High Court agreed, holding that the writ petition is not maintainable where a civil remedy is available, and directed the petitioner to pursue the matter in a civil court. Consequently, the petition was disposed of without any order against the respondents.

Issues considered

  • Whether a writ petition under Article 226 is maintainable for a land demarcation dispute when a civil remedy is available.
  • Whether the orders of the Bihar Land Tribunal and other officials can be quashed by a writ.
  • Whether the petitioner is required to approach a civil court for adjudication of the land dispute.

Legislation cited

Subjects

  • land demarcation
  • writ jurisdiction
  • civil remedy
  • Bihar Land Tribunal
  • Section 144 CrPC
  • petition disposed

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Civil Writ Jurisdiction Case No.2078 of 2017
                 ======================================================
                 Ishwar Lal Prasad Son of Late Gopal Sah, Resident of Village-Bhelahi,
                 Anchal-Raxaul, Police Station-Palanwa, District-East Champaran.

                                                                           ... ... Petitioner/s
                                                   Versus
           1.    The State Of Bihar.
           2.    The Member, Administrative, the Bihar Land Tribunal, Patna
           3.    THe Commissioner, Tirhut Division, Muzaffarpur.
           4.    The District Magistrate-cum-Collector, East Champaran at Motihari.
           5.    The Deputy Collector Land Land Reforms, Razaul, District-East
                 Champaran.
           6.    The Sub-Divisional Officer, Raxaul, District-East Champaran.
           7.    The Circle Officer, Razaul, District-East Champaran.
           8.    Panna Lal Patel,
           9.    Mohan Bagan, Both Son's of late Chulhai Boss.
           10. Binay Kumar patel,
           11. Ajay Kumar Patel,
           12. Kunal Patel,
           13. Sanyal Kumar Patel,
           14. Rup Lal Patel, 10 to 14 Son's of Nohan Bagan, 8 to 14 are Resident of
               Village-Bhelahi, Anchal-Razaul, Police Station-Palanwa, District-East
               Champaran.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :     Mr. Bashishtha Narayan Mishra, Advocate
                 For the Respondent/s   :     Mr. Sajid Salim Khan- SC-25
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   06-01-2026                 Heard Mr. Bashishtha Narayan Mishra, learned counsel

                   for the petitioner and the State.

                               2. The present petition has been preferred for the

                   following relief(s):

                                            “for issuance of a writ in the nature of
Patna High Court CWJC No.2078 of 2017(2) dt.06-01-2026
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                          certiorari or any other appropriate writ or writs for

                          quashing the order dated 14.09.2016 passed by Shri

                          K.P. Ramaiah, the Member Administrative, the Bihar

                          Land Tribunal, Patna in B.L.T. Case No.246 of 2015

                          vide which he has dismissed the B.L.T. Case No. 246

                          of 2015 filed by the petitioner against the order dated

                          06.01.2015 passed by the Commissioner, Tirhut

                          Division, Muzaffarpur in B.L.D.R. Appeal Case No.

                          156 of 2011 and further for quashing the order dated

                          06.01.2015 passed by the learned Commissioner,

                          Tirhut Division, Muzaffarpur in B.L.D.R. Appeal

                          Case No.156 of 2011, who affirmed the order dated

                          11.07.2011 passed by the learned Deputy Collector,

                          Land Reforms, Raxaul, District-East Champaran in

                          B.L.D.R. Case No.27 of 2011-12 and also for

                          quashing the order 11.07.2011 passed by the learned

                          Deputy Collector, Land Reforms, Raxaul, District-

                          East Champaran in B.L.D.R. Case No.27 of 2011-12

                          vide which he has dismissed the petition filed by the

                          petitioner vide which a prayer for demarcation of the

                          land appertaining to Khata No.08, Khesra No.2579

                          situated in village Bhelahi as well as for restraining

                          the opposite parties (respondent no.8 to 14) from
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                          forcibly taking possession over the disputed land.

                                      AND

                                      Further for directing the respondent no.5

                          for getting demarcated the land in question or for

                          demarcating the land of the petitioner as well as the

                          land of the respondent no.8 to 14 for resolving the

                          permanent dispute between the parties through a

                          Survey Knowing Pleader Commissioner according to

                          the map contained in Annexure-4 to this writ

                          application.

                                      And/Or

                                      For passing such other order or orders for

                          which the petitioner will be found entitled in the eye

                          of law.”

                      3. Learned counsel for the petitioner submits there was

          a dispute with the private respondent after he was constructing the

          building. The proceeding under Section 144 of the Cr.P.C. took

          place and decided in favour of respondent no. 8, Panna Lal Patel.

          Thereafter, he just wanted demarcation/measurement of his land

          vis a vis Panna Lal Patel which was rejected by successive Court

          up to the Bihar Land Tribunal, Patna in B.L.T. Case No. 246 of

          2015 (Ishwar Lal Prasad vs. State & Ors.).

                      4. Learned State counsel on the other hand submits that
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                    as pointed out by the learned counsel for the petitioner, a dispute

                    arose, it led to proceeding under Section 144 Cr.P.C., decided in

                    favour of respondent no. 8. The natural course of action of the

                    petitioner thereafter should have been before a competent Civil

                    Court. Instead, he took a different route.

                                5. This Court is in agreement with the submission put

                    forward by the learned State counsel. The petitioner instead of

                    wasting the time should have approached the competent Civil

                    Court so that the matter is adjudicated and to be accepted by all.

                                6. At this stage, learned counsel for the petitioner

                    submits that he shall be taking the Civil Court route for the

                    redressal of the grievance.

                                7. Granting said liberty and if such petition is preferred

                    it is expected that the same will be taken to its logical conclusion

                    in accordance with law, the writ petition stands disposed of.



                                                  (Rajiv Roy, J)
Adnan/-

U


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