Patna High Court
Shyam Sunder KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The High Court held that the land dispute must be decided by a competent civil court and therefore dismissed the writ petition, permitting the petitioner to file a civil suit.
Summary
The petitioner, Shyam Sunder Kumar, filed a writ petition seeking a mandamus to restrain the State authorities from constructing a Panchayat Bhawan on his private land and from interfering with his possession. The High Court observed that both the petitioner and the State have conflicting claims over the land, making the dispute a civil matter. It held that such a dispute falls within the jurisdiction of a competent civil court rather than the writ jurisdiction of the High Court. Consequently, the court allowed the petitioner to approach the civil court by filing an appropriate petition. The order was communicated to the respondents and the writ petition was disposed with the observation.
Issues considered
- Whether the High Court can issue a writ of mandamus to restrain construction on private land under writ jurisdiction.
- Whether the writ petition is maintainable when the matter involves a civil dispute over land ownership.
- Whether the petitioner should be directed to approach a competent civil court for resolution.
Subjects
- writ jurisdiction
- mandamus
- land dispute
- civil court jurisdiction
- Panchayat Bhawan
- possession
- High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2439 of 2025
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Shyam Sunder Kumar S/o Kanhaiya Lal Rai, R/o Vill - Ward No.8, Sabalpur,
Newal Tola, P.O. - Sabalpur, P.S. - Sonepur, District - Saran.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Bihar at Patna.
2. The District Collector, Saran.
3. The Additional Deputy Collector, Saran.
4. The Sub Divisional Officer, Sonepur, Saran.
5. The Deputy Collector Land Reforms, Sonepur, Saran.
6. The Circle Officer, Dariyapur, Saran.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Praveen Ranjan, Adv.
Mr. Ajay Kumar Singh, Adv.
For the Respondent/s : Mr. Ravi Kumar, AC to GP-13
Mr. Akshay Lal Prasad, AC to GP-13
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
7 16-03-2026 Heard Mr. Ajay Kumar Singh, learned counsel for the
petitioner and the State.
2. The present application has been preferred for the
following relief(s):
(i) for issuance of appropriate
writ/writs,order/orders in the nature of
mandamus restraining the respondent
authorities from constructing Panchayat
Bhawan in the private land of the petitioner and
from interfering with the peaceful possession of
the petitioner over the land bearing, khata no.-
323, Survey no.-615, Rakba- 3 Bigha 15 khata
17 Dhur, Halka -Kakarhat, Mauja- Derni in the
district of Saran, which has been settled in the
Patna High Court CWJC No.2439 of 2025(7) dt.16-03-2026
2/2
name of grandfather of the petitioner through
Patta in the year 1941 from Shambhu Saran
Mishr(Malik).
(ii) for any other order/orders for
which petitioner is entitled for in the facts and
circumstances of the case.
3. There is a grievance of the petitioner while there is a
stand of the State Government too and certainly, in that background,
when both the parties have staked their claim, the matter has to be
adjudicated by the Competent Civil Court.
4. In that background, learned counsel for the petitioner
prays for and is allowed to approach the Competent Civil Court by
filing an appropriate petition and if such petition is filed, it is
expected that the same shall be heard and a reasoned order be passed
on merit after hearing all the stake-holders.
5. The order has been passed in the presence of learned
State Counsel who undertakes to communicate the same to the
respondents.
6. The writ petition is disposed of with aforesaid
observation.
(Rajiv Roy, J)
Vijay Singh/-
U
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