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Patna High Court

Manoj KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

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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