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Patna High Court

Hemendra Kumar @ Hemendra Yadav,versusThe State of Bihar

Decided
Disposal
DISPOSED

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


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