Patna High Court
Kameshwar RamversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The writ petition was dismissed as the appropriate remedy lies in the pending title suit.
Summary
The petitioner, Kameshwar Ram, filed a writ petition seeking a prohibition against the Circle Officer (respondent No.7) from constructing a Panchayat building on land he claims belongs to him. He alleged that the construction violated Panchayati Raj Department guidelines. The State counsel submitted that a Title Suit No. 40 of 2026 is already pending before the Sub‑Judge‑I, Sub‑Divisional Court, Sonepur, where the State of Bihar is a defendant. The Court held that while the title suit is pending, the appropriate remedy is to approach that court, and any development must be subject to the suit’s outcome. Consequently, the writ petition was disposed without granting any relief.
Issues considered
- Whether a writ of prohibition can be issued to restrain the respondent from constructing a Panchayat building while a title suit concerning the same land is pending.
Subjects
- writ petition
- prohibition
- land dispute
- title suit
- jurisdiction
- Panchayati Raj
- quasi‑judicial authority
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4273 of 2026
======================================================
Kameshwar Ram Son of Late Nathuni Hajara @ Nathuni Dusadh, @ Nathuni
Ram Resident of Village and P.O.- Kharika, P.S.- Pahleja Ghat, District- Saran
at Chapra.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of Revenue
and Land Reforms, Bihar, Patna.
2. The Principal Secretary, Panchayat Raj Department, Bihar, Patna.
3. The District Magistrate, Saran at Chapra.
4. The Additional Collector, Saran at Chapra.
5. The District Panchayati Raj Officer, Saran at Chapra.
6. The Sub-Divisional Officer, Sonepur, District- Saran at Chapra.
7. The Circle Officer, Sonepur, District- Saran at Chapra.
8. The Block Development Officer, Sonepur, Saran at Chapra.
9. The Block Panchayati Raj Officer, Sonepur, Saran at Chapra.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajesh Kumar, Advocate
For the State : Mr. Government Pleader (05)
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 07-04-2026 Heard the parties.
2. The present petition has been preferred for the
grant of following relief(s):
“(i) to issue an appropriate order/s,
direction/s including a writ preferably in the
nature of prohibition restraining the respondent
No.07 exercising his quasi-judicial authority
from making any further construction of
Panchayat Building over the land situated in
Patna High Court CWJC No.4273 of 2026(2) dt.07-04-2026
2/3
Mauza- Kharika, Thana No.82, Khata No.269,
Khesra No.1260 and 1691 measuring an area 2
Acre and 31 decimal respectively exclusively
belongs to the petitioner in complete violation of
guidelines of the Panchayati Raj Department
government of Bihar, Patna
(ii) to any other relief/s to which the
petitioner may be found entitled in the facts and
circumstances of the case.”
3. Learned State counsel has taken this Court to the
Annexure-P/5 to show that a Title Suit No. 40 of 2026 has
already been preferred before learned Sub-Judge-I, Sub-
Divisional Court, Sonepur (Saran) where appropriate petition
can be preferred as the State of Bihar has already been
impleaded as defendant no.1 in the said case.
4. When the Title Suit is pending before the
appropriate court as recorded above, it would be appropriate for
the petitioner to approach the concerned court with appropriate
petition so that the court can pass an order.
5. Any development that is taking place, it will
always be subject to the outcome of the Title Suit which is
pending before the concerned court.
Patna High Court CWJC No.4273 of 2026(2) dt.07-04-2026
3/3
6. The writ petition is disposed of with the aforesaid
observation.
(Rajiv Roy, J)
vinayak/-
U
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