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Patna High Court

Kameshwar RamversusThe State of Bihar

Decided
Disposal
DISPOSED

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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