Patna High Court
Manoj KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The High Court disposed the writ petition, directing the parties to pursue the pending Partition Suit No. 105/2021 and not to entertain the writ reliefs.
Summary
Manoj Kumar filed a writ petition seeking a mandamus directing the State of Bihar and other respondents to restrain the alienation of a disputed property, cancel any jamabandi in favor of a purchaser, and order police action against illegal possession, pending the adjudication of Partition Suit No. 105/2021. The respondents countered that the partition suit was already pending before a competent court. The High Court observed that the appropriate remedy lay in pursuing the pending partition suit and that the parties should file their affidavits therein. The Court directed that once pleadings are completed, the suit should be disposed of at the earliest and that any law‑and‑order issues could be taken to the Sub‑Divisional Magistrate or the court handling the suit. Consequently, the writ petition was disposed without granting the reliefs sought.
Issues considered
- Whether a writ of mandamus can be issued to restrain alienation of property pending a partition suit
- Whether the court can cancel a jamabandi in favor of a purchaser under the circumstances
- Whether the court can direct police action against alleged illegal possession of the property
- Whether the writ petition is maintainable when a civil suit concerning the same property is pending
Subjects
- partition suit
- writ of mandamus
- property alienation
- jamabandi
- civil procedure
- high court
- disposal of writ petition
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2331 of 2026
======================================================
Manoj Kumar Son of Late Ganesh Vishwakarma, Residence of permanent
address- Village- Bhore, P.O.- Fatehpur, P.S.- Fatehpur, District- Gaya
(Bihar), at present residing in Sector 4/G, Quarter No. 4101, Bokaro Steel
City, District- Bokaro (Jharkhand).
... ... Petitioner/s
Versus
1. The State of Bihar through the Additional Chief Secretary, Revenue and
Land Reforms Department, Govt. of Bihar, Patna.
2. The Divisional Commissioner, Magadh Divsiion, Gaya.
3. The District Magistrate, Gaya.
4. The Superintendent of Police, Gaya.
5. The Land Reforms Deputy Collector, Gaya.
6. The Circle Officer, Fatehpur Anchal, District- Gaya.
7. The S.H.O., Fatehpur P.S., District- Gaya.
8. Shankar Vishwakarma, Son of Late Naresh Vishwakarma, Resident of
Village- Bhore, P.S. and Anchal- Fatehpur, District- Gaya.
9. Shakaldeo Vishwakarma, Son of Late Naresh Vishwakarma, Resident of
Village- Bhore, P.S. and Anchal- Fatehpur, District- Gaya.
10. Santosh Vishwakarma, Son of Late Naresh Vishwakarma, Resident of
Village- Bhore, P.S. and Anchal- Fatehpur, District- Gaya.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dr Ashok Kumar Sharma, Advocate
For the Respondent/s : Mr. Standing Counsel 24, Anirban Kundu
Mr. Rajat Kumar Tiwary, AC to SC – 24
Mrs. Deepika Sharma, AC to SC-24
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 20-04-2026 Heard Dr. Ashok Kumar Sharma, learned counsel for
the petitioner, Mr. Arvind Prasad Singh representing respondent
nos. 8 to 10 and Mrs. Deepika Sharma for the State.
2. The present petition has been preferred for the
following relief(s):
Patna High Court CWJC No.2331 of 2026(3) dt.20-04-2026
2/3
“(A) For issuance of an appropriate
writ, order or directions, particularly in the nature
of writ of Mandamus;
(i) to directing the respondent 1st sect to
restrain the respondents 2nd set from alienate and
transfer of the possession of the property in
question till disposal of the Partition Suit No.
105/2021 which is still pending for final
adjudication of the case since year 2021.
(ii) To cancel the jamabandi, if any, has
been made in favour of the purchaser of the land
which have been sold by the respondents 2nd set.
(iii) To direct the police authority to take
legal action if the respondents 2nd set and their
vendors have tried to take illegal possession over
the property in question, as mentioned in schedules
of the partition suit no. 105/2021.
B) Any other relief/reliefs to which the
petitioner is found entitled to.”
3. A counter-affidavit has come on behalf of the
respondent nos. 8 to 10 which shows that a Partition Suit No.
105 of 2021 is pending before a competent Court.
Patna High Court CWJC No.2331 of 2026(3) dt.20-04-2026
3/3
4. Considering the aforesaid facts, it would be
appropriate that the petitioners fight out the Partition Suit No.
105 of 2021 by appearing/filing their affidavits.
5. In case, the pleadings are completed, after hearing
the parties, the Court concerned shall be taking up the matter
and dispose it of at an earliest.
6. In between, if there is any law and order problem,
the parties are free to approach the competent Sub Divisional
Magistrate and/or the Court where the partition suit is pending.
7. With the aforesaid observation, the writ petition
stands disposed of.
(Rajiv Roy, J)
Adnan/-
U
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