Patna High Court

Pawan KumarversusThe State of Bihar

Decided: 20 January 2026
Disposal: DISPOSED
Bench: PURNENDU SINGH

Holding

The writ petition is maintainable and is allowed, following the precedent that the State must seek relief through a civil declaratory suit when disputing a petitioner’s land title.

Summary

The petitioners, three landowners from Khagaria, filed a writ petition challenging the State’s claim over their land, alleging that the State was disputing their title while a land survey was ongoing. The petitioners relied on a prior judgment (Birendra Kumar & Ors. v. State of Bihar, CWJC No.20084 of 2025) which directed that the State must approach a civil court for a declaratory suit when disputing a petitioner’s title. The State argued that the petition was premature because the survey under the Bihar Special Survey and Settlement Act, 2011 was still in progress and any grievance could be addressed under that Act. The Court examined whether the petition was indeed premature or whether the earlier precedent applied. Relying on the earlier judgment, the Court held that the petition was maintainable and allowed it despite the ongoing survey. Consequently, the writ petition was granted, affirming the petitioners’ right to seek relief in a civil suit for title and possession.

Issues considered

Whether the writ petition filed by the petitioners is premature given the ongoing land survey.
Whether the State must file a declaratory suit in a civil court to dispute the petitioners’ title as per the earlier judgment.

Legislation cited

Bihar Special Survey and Settlement Act, 2011

Subjects

writ jurisdiction
land title dispute
declaratory suit
premature petition
Bihar land reforms
survey and settlement

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Civil Writ Jurisdiction Case No.349 of 2026
                 ======================================================
           1.     Pawan Kumar Son of Prakash Singh
           2.    Jogindar Singh, S/o Late Ramdhin Singh
           3.    Charitar Singh @ Charitar Mandal, S/o Late Sito Mandal,
                 All Resident of Village-Dighaun, Ward No. 7, P.S.-Beldaur, District-
                 Khagaria.

                                                                             ... ... Petitioner/s
                                                   Versus
           1.    The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna.
           2.    The Additional Chief Secretary Department of Land Reforms and Revenue,
                 Govt. of Bihar, Patna.
           3.    The Director Land Records and Measurement, Directorate Gulzarbagh,
                 Patna.
           4.    The District Magistrate cum District Collector Khagaria, District-Khagaria,
                 Bihar.
           5.    The District Settlement Officer Khagaria, District-Khagaria, Bihar.
           6.    The Additional Collector Revenue, Khagaria, District-Khagaria, Bihar.
           7.    The Sub Divisional Officer Khagaria Sadar, District-Khagaria, Bihar.
           8.    The Deputy Collector Land Reforms and Revenue Khagaria Sadar, District-
                 Khagaria, Bihar.
           9.    The Circle Officer, Khagaria Sadar, District-Khagaria, Bihar.
           10. The Circle Officer, Beldaur, Anchal-Beldaur, District-Khagaria, Bihar.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr.Pramod Kumar Thakur, Advocate
                 For the Respondent/s   :      Mr.Mithilesh Kumar Sing,h AC to SC 15
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

2   20-01-2026                 Heard Mr. Pramod Kumar Thakur, learned counsel

                   appearing on behalf of the petitioners and Mr. Mitilesh Kumar

                   Singh, learned counsel for the State.

                               2. Learned counsel appearing on behalf of the

                   petitioners informs that the case of the petitioners is squarely
        Patna High Court CWJC No.349 of 2026(2) dt.20-01-2026
                                                    2/2




                  covered by the judgment dated 06.01.2026 passed by this Court

                  in CWJC No.20084 of 2025 (Birendra Kumar & Ors. Vs. The

                  State of Bihar & Ors.), wherein it has been directed that the

                  State Government in case disputes the title of the petitioners, the

                  Government may avail remedy before the competent Civil Court

                  for claiming their right and the possession over the land by

                  filing a declaratory suit in view of the fact that the petitioners

                  have long possession over the land.

                              3. Per contra Mr. Mithilesh Kumar Singh, learned

                  counsel for the State submitted that the writ petition is

                  premature as the survey is still continuing and if the petitioners

                  are aggrieved in any manner by the action of any of authorities

                  in course of the ongoing survey, they may avail remedy as per

                  the Bihar Special Survey and Settlement Act, 2011.

                              4. The writ petition is allowed for the reasons as has

                  been given in judgment dated 06.01.2026 passed in CWJC

                  No.20084 of 2025 (Birendra Kumar & Ors. Vs. The State of

                  Bihar & Ors.).



                                            (Purnendu Singh, J)
chn/-

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