Patna High Court
Tabassum Perween @ Tabassum PravinversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The writ petition is disposed of, with the matter to be adjudicated in the pending civil title suit.
Summary
The petitioner, Tabassum Perween, claimed ownership of 1.275 decimals of raiyati land (Khata No.55, Khesra No.224) in Gaya and sought a writ restraining the State of Bihar and its contractors from constructing a Panchayat Sarkar Bhawan on the said land, as well as an order for removal of any existing construction. The State contended that only 0.66 decimals of the land had been measured and carved out for the petitioner, and that the construction was on the remaining portion of the plot, which does not belong to the petitioner. The petitioner pointed to a pending Title Suit No.150 of 2016 concerning the same land, arguing that the dispute should be resolved in the civil court. The Court observed that the State's position was clear and that the pending civil suit should determine the title, noting that eight years had elapsed since the suit was filed. Consequently, the Court disposed of the writ petition, directing the parties to pursue their claims in the appropriate civil forum and allowing the petitioner to seek interim relief there if necessary.
Issues considered
- Whether the State can construct a government office on the disputed raiyati land without a land acquisition proceeding or the petitioner's consent.
- Whether the petitioner is entitled to a writ restraining construction and ordering removal of any structures on the claimed land.
- Whether the pending Title Suit No.150 of 2016 bars the grant of interim relief in the writ petition.
- Whether the portion of land claimed by the petitioner overlaps with the area where construction is underway.
Subjects
- rai yati land
- land acquisition
- encroachment
- title suit
- interim injunction
- civil court jurisdiction
- government construction
- land measurement
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.244 of 2026
======================================================
Tabassum Perween @ Tabassum Pravin Wife of Baktarul Haque Laskar and
Daughter of Late Syed Wasi Ahmad, Resident of Village- Mugrain, Dariaura
(Babhandih), Police Station - Amas, District- Gaya.
... ... Petitioner/s
Versus
1. The State of Bihar through its Secretary and Land Reforms Department,
Revenue Bihar, Patna.
2. The Additional Chief Secretary, Revenue and Land Reforms Department,
Bihar, Patna.
3. The Principal Secretary, Revenue and Land Reforms Department, Bihar,
Patna.
4. The District Magistrate-cum-Collector, Gayaji.
5. The Additional Collector, Gayaji.
6. The Sub Divisional Officer, Sherghati, Gayaji.
7. The Deputy Collector, Land Reforms Sherghati, Gayaji.
8. The Circle Officer, Amas, Gayaji.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. D.K. Sinha, Sr. Advocate
Mr.Mohammad Abu Haider, Advocate
Md. Abu Shajar, Advocate
For the State : Md. Sajid Salim Khan, SC-25
Md. Arif Daula Siddiqui, AC to SC-25
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
4 30-03-2026 Heard Mr. Devendra Kumar Sinha, learned Senior
Counsel duly assisted by Md. Abu Haider for the petitioner and
Md. Arif Daula Siddiqui for the State.
2. The present petition has been preferred for the
following relief/s:
(i) for restraining the official respondents,
and their contractor from making
Patna High Court CWJC No.244 of 2026(4) dt.30-03-2026
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construction over the raiyati land of
petitioner and others appertaining to Khata
No. 55, Khesra No. 224, area 1.275
decimals, upon which the Respondents
concerned have been forcibly making
construction of a Government Office without
following the due process of law, either a
Land Acquisition Proceeding or taking
consent from the petitioner and others. The
land under dispute is raiyati land of
petitioner and others and till date
Jamabandi of the said land and other lands
are standing in the name of ancestor of
petitioner and others namely Late
Khairunissa;
(ii) for direction upon the respondents to
remove the construction if any, already made
upon the said land of petitioner and others
till date. and also hand over the land in
vacant possession to the petitioner;
(iii) for any other relief(s) for which
petitioner is found to be entitled on the facts
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of this case and also in the eye of law.
3. The petitioner claims to be owner of a piece of
land with the following details:
khata no. 55, kheshra no. 224
are-1.275 decimals in the Amas
circle, Gaya.
4. The claim is that on the land in question, the
government is moving ahead for the construction of ‘Panchayat
Sarkar Bhawan’ .
5. As an after thought and by way of rejoinder,
documents which should have been part of the writ petition has
been brought on record to show that a Title Suit No. 150 of 2016
is pending before a competent Civil Court, Sherghati, Gaya and
further, the contention is that though some rent receipts are also
there but the government ignoring the same and is moving
ahead for the construction.
6. A counter affidavit has come on behalf of the
respondent nos. 04 to 08 and the learned State counsel has taken
this Court to paragraphs 05 to 09 which read as follows:
5. that it be submitted that claim of the
petitioner is only over an area of 1.275
decimal. It is pertinent to note that one
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Khairu Nisha, W/o Rashid Ahmad had
filed a petition for measurement of land
on the basis of her alleged sale deed.
Accordingly, by the order of Anchal
Adhikari, Amas, the land was measured
by the Anchal Amin in accordance with
the boundary mentioned in the deed. It
is submitted that per boundary
mentioned in the deed, the land of
Khairunisha comes to 66 decimal only,
which was demarcated by the Anchal
Amin;
6. that it is also submitted that the Land
over which Panchayat Sarkar Bhawan
is being constructed is a part and parcel
of Plot No. 224;
7. that it is also submitted that the
Anchal Adhikari, Amas also made spot
inspection, and found that the land is of
Gair Mazarua Malik Khata. But, during
spot inspection none produced any
Return for the alleged settlement. Only
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petitioner Tabassum Pravin came
forward claiming a part of the land on
the basis of alleged settlement.
However, the land claimed by petitioner
Tabassum Pravin was demarcated by
the Anchal Amin, which is a distinct
portion, than the land over which
Panchayat Sarkar Bhawan is
constructed;
8. that in view of the aforesaid facts, the
petitioner is not entitled for the reliefs
as sought in Para-1(i to iii) of the writ
petition;
9. that with regard to Para-2 (i & ii) of
the writ petition it is to submit that the
petitioner owns and possess only a
fraction of the total area of the plot.
Further, no construction is being made
over the part of land claimed by the
petitioner. Therefore, alleged land of the
petitioner by the question of any
encroachment over the alleged land of
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the petitioner by the answering
respondents, does not arise.
6. The stand of the State Government is very clear
-the area of 0.66 decimals has been measured/carved out and the
‘Panchayat Sarkar Bhawan’ is being constructed on the other
part of the khata no. 55, kheshra no. 224 which has an area of
more than 0.66 decimals of land.
7. Though, the rejoinder filed by the petitioner to the
counter affidavit only records that it is misconceived, nothing is
there in support of the specific contention put forward by the
State Government.
8. Learned Senior Counsel for the petitioner submits
that the Title Suit is pending since the year 2018 and now that
the State has come up with a plea that 0.66 decimals of land has
been carved out, they be allowed to take the matter to its logical
conclusion in the competent Civil Court so far as the Title Suit
is concerned.
9. The learned State counsel has no objection.
10. In that background, recording the aforesaid facts,
the contention of the State Government as per the counter
affidavit and expecting the Title Court to take the matter to its
logical conclusion since already, eight years have lapsed, the
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writ petition is disposed of.
11. All the parties appearing in the Title Suit will
have the liberty to put forward their views. Thereafter, the
matter will be taken to its logical conclusion.
12. The petitioner will be free to raise all the points
including grant of interim protection before the competent Civil
Court.
13. The writ petition is disposed of.
(Rajiv Roy, J)
Ravi/-
U
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