Patna High Court
Raghunath Pd. SinghversusThe State Of Bihar and Ors
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The High Court held that the writ petition should be disposed and the pending civil suit should be directed to conclude, without quashing the Tribunal’s judgment.
Summary
The petition filed by Raghunath Pd. Singh sought to quash a Bihar Land Tribunal judgment dated 7 August 2018 that had set aside earlier mutation orders and confirmed a 1992 order. The petitioner also asked for other reliefs. The State of Bihar contended that the same dispute was already pending before the Patna Civil Court in Title Suit No. 119 of 2000. The High Court observed that more than 25 years have elapsed and that the civil suit is the competent forum to finally determine the parties’ title. Consequently, the Court directed the civil court to expedite the disposal of the title suit and dismissed the writ petition without interfering with the Tribunal’s order. The order effectively leaves the land dispute to be resolved in the pending civil suit.
Issues considered
- Whether the High Court can quash the Bihar Land Tribunal judgment through a writ petition
- Whether the writ petition is maintainable when the same matter is pending before a civil court
- Whether the High Court should direct the civil court to conclude the pending title suit
Subjects
- writ jurisdiction
- civil suit
- land tribunal
- mutation
- title suit
- jurisdiction
- land dispute
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.24748 of 2018
======================================================
Raghunath Pd. Singh S/o Akchay Lal Singh @ Achhey Lal Singh, Resident of
old Village Bahadurpur, Near Bazar Samiti, P.O.- Rajendra Nagar, P.S. -
Sultanganj, A/P P.S. - Bahadurpur, Distt.- Patna- 800016
... ... Petitioner/s
Versus
1. The State Of Bihar represented through Chief Secretary, Govt. of Bihar, Old
Secretariat Building, Patna
2. The Bihar Land Tribunal, Patna
3. Collector, Patna
4. Addl. Collector, Patna
5. D.C.L.R., Patnacity
6. C.O., Patna
7. Chandra Sekhar Singh Son of Late Sheo Bharat @ Late Sheo Bhajan Singh
Resident of Old Village Bahadurpur, near Bazar Samiti, P.O.- Rajendra
Nagar, P.S.- Sultanganj, A/p P.S.- Bahadurpur, Dist- Patna- 800016
8. Vinay Kumar Singh Son of Late Sheo Bharat @ Late Sheo Bhajan Singh
Resident of Old Village Bahadurpur, near Bazar Samiti, P.O.- Rajendra
Nagar, P.S.- Sultanganj, A/p P.S.- Bahadurpur, Dist- Patna- 800016
9. Ajay Kumar Singh Son of Late Sheo Bharat @ Late Sheo Bhajan Singh
Resident of Old Village Bahadurpur, near Bazar Samiti, P.O.- Rajendra
Nagar, P.S.- Sultanganj, A/p P.S.- Bahadurpur, Dist- Patna- 800016
10. Arun Kumar Singh Son of Late Sheo Bharat @ Late Sheo Bhajan Singh
Resident of Old Village Bahadurpur, near Bazar Samiti, P.O.- Rajendra
Nagar, P.S.- Sultanganj, A/p P.S.- Bahadurpur, Dist- Patna- 800016
11. Veena Devi W/o Late Ashok Kumar Singh, Daughter in law of Sheo Bhajan
Singh Resident of Old Village Bahadurpur, near Bazar Samiti, P.O.-
Rajendra Nagar, P.S.- Sultanganj, A/p P.S.- Bahadurpur, Dist- Patna- 800016
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Tilak Sao, Advocate
Miss. Shweta Singh, Advocate
For the Respondent/s : Mr.Dhurjati Kumar Prasad, G.P.-14
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 06-01-2026 Heard Miss. Shweta Singh, learned counsel for the
petitioner and Mr. Dhurjati Kumar Prasad, learned G.P.-14.
2. The present petition has been preferred for the
Patna High Court CWJC No.24748 of 2018(2) dt.06-01-2026
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following relief/s:
(i) for the quashing of the judgment dated
07.08.18 passed in B.L.T. Case No.694/16 by
learned Tribunal (B.L.T.),Patna by which
judgment the learned Tribunal has allowed
the case setting aside the order dated
06.04.10 passed in Mutation Revision
No.12/07-08 passed by the Learned Addl.
Collector, Patna and the order dated
24.07.07 passed in Mutation Appeal
No.1/06-07 by the learned D.C.L.R.,
Patnacity who has set aside the order dated
02.01.06 passed in mutation case
no.480/4/05-06 and confirmed the order
dated 30.11.92 passed in Mutation Case
No.523/4/92-93 by the learned C.O. Patna
Sadar as contained under annexure No.V, IV,
III, II, I, to this writ application respectively;
(ii) for the grant of the other relief/reliefs to
which the petitioner is found entitled to..
3. At the outset, learned State counsel has pointed
out that the parties are agitating the matter before a competent
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Civil Court in Title Suit No. 119 of 2000.
4. Upon query from the learned counsel for the
petitioner, whether the same has been taken to its logical
conclusion or not, the answer is in negative.
5. In that background, this Court is of the opinion that
25 years have already passed, it is high time that the competent
Civil Court take the Title Suit No. 119 of 2000 to its logical
conclusion. The outcome of the said title suit will decide the
fate of the parties.
6. With the aforesaid request to the competent Civil
Court to dispose of the Title Suit No. 119 of 2000 at an earliest,
the writ petition is disposed of.
(Rajiv Roy, J)
Ravi/-
U
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