Patna High Court
Manoj Kumar Sharma and OrsversusThe State Of Bihar and Ors
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The High Court disposed the writ petitions, holding that the pending civil title suit must be decided independently of the Bihar Land Tribunal’s order.
Summary
The petitioners, a group of land owners, filed writ petitions challenging a July 9, 2018 order of the Bihar Land Tribunal (BLT) Chairman that declared a 2003 order of the Sub‑Divisional Magistrate void and directed that the existing jamabandi be maintained pending a title suit. The petitioners argued that the BLT’s observations could prejudice the pending Title Suit No. 73 of 2010 before the Bhagalpur Civil Court. The State contended that the civil suit was already before a competent court and that the parties could present evidence there, rendering the BLT order irrelevant. The High Court examined whether the BLT’s order under Section 14 of the Bihar Land Tribunal Act could affect the outcome of the civil suit. It held that the pending title suit must be decided on its own merits without being influenced by the BLT’s order. Consequently, the writ petitions were dismissed and the matter was left to the civil court for final determination.
Issues considered
- Whether an order passed by the Bihar Land Tribunal under Section 14 of the BLT Act can affect the pending civil title suit.
- Whether the writ petition challenging the BLT order should be entertained when a civil suit on the same matter is already pending.
Subjects
- land dispute
- Bihar Land Tribunal Act
- Section 14
- writ petition
- title suit
- jamabandi
- civil court jurisdiction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.23117 of 2018
======================================================
1. Manoj Kumar Sharma and Ors Son of Sri Shankar Thakur Resident of
Mohall- Pani Tanki, near Central Jail, Tilka Manjhi, p.s. Zero Mile, Distt.
Bhagalpur.
2. Md. Shahid Son of Md. Abbas Haidar Resident of Mohalla- bari Khanjarpur
Masjid Lane, P.s. barari,distt. Bhagalpur.
3. Pramod Prasad Son of Late Ganesh Prasad Rai Resident of Mohala- Mishra
Tola, Bari Khanjarpur, P.s. Barari, Distt. Bhagalpur.
4. Raj Kishor Kumar Ray Son of Bhim Ray Resident of village- Kadua Pratap
Nagar, P.s. Naugachia, Distt. Bhagalpur.
... ... Petitioner/s
Versus
1. The State Of Bihar.
2. The Collector, Bhagalpur
3. The Additional Colelctor, Bhagalpur
4. The S.D.M., Sadar, Bhagalpur.
5. The Deputy Collector, Land Reforms, Bhagalpur, Distt. Bhagalpur.
6. The Circle Officer, Nath Nagar, Distt. Bhagalpur.
7. Krishana Nand Singh
8. Sahja nand Singh Both sons of Late Vakil Singh
9. Vyas Mani Singh
10. Sita Ram Singh
11. Abhaya Nand Singh
12. Nageshwar Prasad Singh All 9 to 12 sons of Late Surya Narain Singh All 7
to 12 residents of village shahpur, p.s. Nathnagar, Distt. Bhagalpur.
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 23031 of 2018
======================================================
1. Chhavi Narayan Singh son of Late Saudagar Singh resident of Village-
Supour Jamuar, P.S. Sangrampur, District- Munger.
2. Yashwant Kumar Singh son of Late Ugra Mohan Singh resident of Village-
Supour Jamuar, P.S. Sangrampur, District- Munger.
3. Arun Kumar Singh son of Late Ugra Mohan Singh resident of Village-
Supour Jamuar, P.S. Sangrampur, District- Munger.
4. Rekha Singh W/o Late Anand Singh resident of Janta R.O. House 117, Near
Bhola Akhohra, P.S. Adityapur, District- Saraikela (Kharsama) (Jharkhand).
... ... Petitioner/s
Patna High Court CWJC No.23117 of 2018(4) dt.13-01-2026
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Versus
1. The State Of Bihar.
2. The Collector, Bhagalpur
3. The Additional Collector Bhagalpur.
4. The S.D.M. Sadar Bhagalpur.
5. The Deputy Collector, Land Reforms Bhagalpur, District- Bhagalpur.
6. The Circle Officer, Nath Nagar District- Bhagalpur.
7. Krishna Nand Singh son of Late Vakil Singh resident of Village- Shahpur,
P.S. Nathnagar, District- Bhagalpur.
8. Pushkar Kumar son of Late Sailja Nand Singh resident of Village- Shahpur,
P.S. Nathnagar, District- Bhagalpur.
9. Bhashkar Kumar son of Late Sailja Nand Singh resident of Village- Shahpur,
P.S. Nathnagar, District- Bhagalpur.
10. Shankar Kumar son of Late Sailja Nand Singh resident of Village- Shahpur,
P.S. Nathnagar, District- Bhagalpur.
11. Vyas Mani Singh son of Late Surya Narain Singh resident of Village-
Shahpur, P.S. Nathnagar, District- Bhagalpur.
12. Gauri Devi Wife of Late Sita RAm Singh resident of Village- Shahpur, P.S.
Nathnagar, District- Bhagalpur.
13. Prabhat Kumar Singh son of Late Sita Ram Singh resident of Village-
Shahpur, P.S. Nathnagar, District- Bhagalpur.
14. Prabhash Kumar Singh son of Late Sita Ram Singh resident of Village-
Shahpur, P.S. Nathnagar, District- Bhagalpur.
15. Daizy Daughter of Late Sita Ram Singh resident of Village- Shahpur, P.S.
Nathnagar, District- Bhagalpur.
16. Ruby Daughter of Late Sita Ram Singh resident of Village- Shahpur, P.S.
Nathnagar, District- Bhagalpur.
17. Abhaya Nand Singh Son of Late Surya Narain Singh resident of Village-
Shahpur, P.S. Nathnagar, District- Bhagalpur.
18. Nageshwar Prasad Singh son of Late Surya Narain Singh resident of Village-
Shahpur, P.S. Nathnagar, District- Bhagalpur.
19. Arun Kumar Singhaniya son of Badri Prasad Singhaniya resident of
Mohalla- Khalif Bag, D.N. Singh Road, P.S. Kotwali, District- Bhagalpur.
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 23611 of 2018
======================================================
1. Lal Bahadur Singh S/o Late Girja Prasad Singh Resident of Tilka
Manjhi,Hatia,Bank Colony,P.STilka Manjhi,Dist.-Bhagalpur
2. Sarita Pathak W/o Rajesh Kumar Pathak Resident of Mohalla-
Jawaripur,near Brilliant School,P.S. Tilka Manjhi,Dist.-Bhagalpur
Patna High Court CWJC No.23117 of 2018(4) dt.13-01-2026
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3. Ashok Singh S/o Late Tulsi Singh Resiedent of Mohalla-Tilka Manjhi,Bank
Colony,P.S. Tilka Manjhi,Dist.Bhagalpur
... ... Petitioner/s
Versus
1. The State Of Bihar.
2. The Collector, Bhagalpur
3. The Additional Collector, Bhagalpur
4. The S.D.M.,Sadar, Bhagalpur
5. The Deputy Collector, Land Reforms,Bhagalpur,Dist.Bhagalpur
6. The Circle Officer,Nath Nagar, Dist.-Bhagalpur
7. Krishna Nand Singh S/o Late Vakil Singh Resident of Village Sahpur,P.S.
Nathnagar,Dist.-Bhagalpur
8. Pushkar Kuamr S/o Late Sailja Nand Singh Resident of Village Sahpur,P.S.
Nathnagar,Dist.-Bhagalpur
9. Bhashkar Kumar S/o Late Sailja Nand Singh Resident of Village Sahpur,P.S.
Nathnagar,Dist.-Bhagalpur
10. Shankar Kumar S/o Late Sailja Nand Singh Resident of Village Sahpur,P.S.
Nathnagar,Dist.-Bhagalpur
11. Vyas Mani Singh S/o Late Surya Narain Singh Resident of Village
Sahpur,P.S. Nathnagar,Dist.-Bhagalpur
12. Gauri Devi W/o Late Sita Ram Singh Resident of Village Sahpur,P.S.
Nathnagar,Dist.-Bhagalpur
13. Prabhat Kumar Singh S/o Late Sita Ram Singh Resident of Village
Sahpur,P.S. Nathnagar,Dist.-Bhagalpur
14. Prabhash Kumar Singh S/o Late Sita Ram Singh Resident of Village
Sahpur,P.S. Nathnagar,Dist.-Bhagalpur
15. Daizy D/o Late Sita Ram Singh Resident of Village Sahpur,P.S.
Nathnagar,Dist.-Bhagalpur
16. Duby D/o Late Sita Ram Singh Resident of Village Sahpur,P.S.
Nathnagar,Dist.-Bhagalpur
17. Abhay Nand Singh S/o Late Surya Narain Singh Resident of Village
Sahpur,P.S. Nathnagar,Dist.-Bhagalpur
18. Nageshwar Prasad Singh S/o Late Surya Narain Singh Resident of Village-
Shahpur,P.S. Nathnagar,Dist.-Bhagalpur
... ... Respondent/s
======================================================
Appearance :
(In Civil Writ Jurisdiction Case No. 23117 of 2018)
For the Petitioner/s : Mr. Shravan Kumar, Sr. Advocate
Mr. Anjani Kr. Sinha, Advocate
Ms. Muskan Singh, Advocate
Ms. Monika Singh, Advocate
For the Respondent/s : Mr. Dhurjati Kr. Prasad, GP-14
Patna High Court CWJC No.23117 of 2018(4) dt.13-01-2026
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(In Civil Writ Jurisdiction Case No. 23031 of 2018)
For the Petitioner/s : Mr. Pranav Kumar Jha, Advocate
For the Respondent/s : Mr. Rishi Raj Sinha, SC-19
(In Civil Writ Jurisdiction Case No. 23611 of 2018)
For the Petitioner/s : Mr. Pranav Kumar Jha, Advocate
For the Respondent/s : Mr. Sajid Salim Khan, SC-25
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
4 13-01-2026 Heard Mr. Shravan Kumar, learned Senior counsel for
the petitioners (in CWJC No. 23117 of 2018), Mr. Chaudhary
Shyam Nandan, learned counsel for the petitioners (in CWJC
No. 23031 of 2018) and Mr. Anjani Kumar Sinha, learned
counsel for the petitioners (in CWJC No. 23611 of 2018) and
the State.
2. As the parties have submitted that the prayer is
same in all the other writ petitions, in that background, the case
of CWJC No. 23117 of 2018 ( Manoj Kumar Sharma and Ors.
vs The State of Bihar and Ors.) is being incorporated
hereinbelow:-
“That this application is being filed
against the order dated 9.7.2018 passed in B.L.T.
Case No.320/2013 by the Chairman, the Bihar
Land Tribunal, Patna by which the learned
Chairman, while exercising the jurisdiction U/S 14
of the B.L.T. Act has declared the order passed by
learned S.D.M., Bhagalpur in Misc. Case No.
Patna High Court CWJC No.23117 of 2018(4) dt.13-01-2026
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883/02 dated 25.4.2003 without jurisdiction and
void and as much as directed that the Jamabandi of
the land in question as it was before the order
dated 25.4.2003 passed in Misc. Case No.
883/2002 passed by the learned S.D.M., Sadar,
Bhagalpur shall be maintained and shall be subject
to final judgment an decree to be passed in the T.S.
filed either of the parties for
determination/adjudication of their claim over the
land in question, however, the learned Tribunal has
passed the aforesaid order contrary to the law and
as much as the fact that this substantive T.S.
bearing T.S. No. 73/2010 is already pending for
disposal regarding determination/adjudication of
the claim of the parties over the land in question
before the competed court of civil jurisdiction and
as much as the facts that the learned Tribunal as
completely exercised the jurisdiction U/S 14 of the
said Act declaring the order dated 25.4.2003
passed by the learned S.D.M., Bhagalpur being
void, beyond the scope of Section 14 of the Act and
further for a direction to the Respondent
Patna High Court CWJC No.23117 of 2018(4) dt.13-01-2026
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authorities to allow the petitioners to continue the
Jamabandi running in their respective names
having their possession over the land since long
and further for any other relief or reliefs the
petitioners are entitled in the facts and
circumstances of the case.”
3. Learned State counsel at the outset submits that the
Title Suit No. 73 of 2010 is pending before a competent Civil
Court at Bhagalpur where the parties can agitate/contest so that
the same is taken to its logical conclusion.
4. Mr. Shravan Kumar, learned Senior counsel for the
petitioners submit that they are ready to contest the said Title
Suit but certain observation made by the BLT while disposing of
the petition may effect the outcome of the Title Suit.
5. Learned State counsel submits that once the Title
Suit is pending, the parties are free to adduce evidence and
make their respective submissions so that the same is taken to
its logical conclusion and in that background, the order of the
BLT may not have any relevance in the case.
6. This Court is also of the opinion that when the
Title Suit No. 73 of 2010 is pending before the competent Civil
Court, Bhagalpur and the parties have already appeared, the
Patna High Court CWJC No.23117 of 2018(4) dt.13-01-2026
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same has to be taken to its logical conclusion without being
influenced by any of the order/observation made by any of the
Court much less the BLT.
7. The writ petition as also the interlocutory
application, if any, stand disposed of with aforesaid observation.
(Rajiv Roy, J)
Adnan/-
U
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