Patna High Court
Hemendra Kumar @ Hemendra Yadav,versusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The writ petition is disposed of without merit, as the dispute is pending before a competent court.
Summary
The petitioner, Hemendra Kumar, filed a writ petition seeking to quash an order dated 1‑July‑2025 issued by the Sub‑Divisional Officer directing two private respondents to cultivate ten bighas of land and prohibiting the petitioner from restraining them. The petitioner also sought any other appropriate relief. The court noted that the petitioner has a pending Title Suit No. 67 of 2023 concerning the same land before a competent court at Bakhri. The petitioner indicated that he would continue to pursue that suit. Without addressing the merits of the writ petition, the court disposed of the petition, allowing the petitioner to proceed with the pending title suit.
Issues considered
- Whether the order of the Sub‑Divisional Officer directing cultivation of land can be quashed by a writ petition.
- Whether a writ petition seeking relief can be entertained when a related title suit is pending before a competent court.
Subjects
- writ petition
- quash order
- land cultivation
- pending title suit
- civil writ jurisdiction
- sub‑divisional officer
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.398 of 2026
======================================================
Hemendra Kumar @ Hemendra Yadav, S/o- Bhikhar Yadav, R/o- Ward No.-4,
Mauji Than Singh, P.S- Bakhri, District- Begusarai.
... ... Petitioner/s
Versus
1. The State of Bihar through District Magistrate of Begusarai.
2. Sub Divisional Officer, Bakhri, P.S.- Bakhri, District- Begusarai.
3. Circle Officer, Gadapura, P.S.- Gadapura, District- Begusarai.
4. S.H.O. of Gadapura Police Station, P.S.- Gadapura, District- Begusarai.
5. The Secretary of Bihar State Religious Trust Board, Vidhyapati Marg, Patna.
6. Mosmat Kajal Devi, W/o- Late Ganesh Das, R/o- Village- Kumharsho, P.O.-
Kumharsho, P.S.- Gadapura, District- Begusarai.
7. Ghuran Yadav, S/o- Late Ram Badan Yadav R/o- Village- Kumharsho, P.O.-
Kumharsho, P.S.- Gadapura, District- Begusarai.
8. Sadhu Saran Das, S/o- Late Tilak Das R/o- Village- Kumharsho, P.O.-
Kumharsho, P.S.- Gadapura, District- Begusarai.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Deovind Kumar Singh, Advocate
For the State : Mr. Government Pleader (11)
For the Religious Trust Board : Mr. Ganpati Trivedi, Sr. Advocate
: Mr. Madan Mohan, Advocate
For the Resp. No. 6 to 8 : Mr. Sudhish Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 16-03-2026 Heard the parties.
2. The present petition has been preferred for the
grant of following relief(s):
“(i) to quash the order dated 1-7-2025,
passed by Learned Sub Divisional Officer,
Bakhri, (respondent no.-2), by which the both
private respondents no.- 7 and 8 were directed to
cultivate 10 bigha land and the petitioner was
Patna High Court CWJC No.398 of 2026(3) dt.16-03-2026
2/2
directed not to restrain them in cultivating the
land.
(ii) to grant any other appropriate
relief's as your Lordship may deem fit and
proper as per facts and circumstances of the
case.”
3. At the outset, Mr. Madan Mohan, learned counsel
representing the Religious Trust Board has pointed out that the
Title Suit No. 67 of 2023 preferred by the petitioner is presently
pending before a competent court at Bakhri, Begusarai.
4. Learned counsel for the petitioner after some
arguments, submits that he shall be pursuing the aforesaid Title
Suit No. 67 of 2023.
5. Allowing the petitioner to pursue the aforesaid case
and without commenting on the merit of the case, the writ
petition is disposed of.
(Rajiv Roy, J)
vinayak/-
U
Checking your session…