Patna High Court

Baijnath Singh @ Baijnath PrasadversusThe State of Bihar

Decided: 15 April 2026
Disposal: DISPOSED
Bench: RAJIV ROY

Holding

The petition is disposed without granting the injunction, with liberty granted to the petitioner to approach a civil court for relief.

Summary

The petitioner, Baijnath Singh, filed a writ petition seeking a restraining order against respondent No.11, Jascon Enterbuild Limited, to prevent it from executing any fresh agreement with other parties. The petition also requested the court to pass any other appropriate orders. The respondents, including the State of Bihar and the Patna Municipal Corporation, opposed the relief. After hearing arguments from counsel for both sides, the court noted that the petitioner could seek redress in a competent civil court. Consequently, the High Court granted the petitioner liberty to approach the civil court and disposed of the writ petition without granting the injunction.

Issues considered

Whether the High Court can issue an injunction restraining respondent No.11 from executing a fresh agreement with third parties.
Whether the writ petition is maintainable and the petitioner has locus standi to seek such relief.

Subjects

injunction
civil writ jurisdiction
restraining order
petition disposed
civil court jurisdiction

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  Civil Writ Jurisdiction Case No.4460 of 2026
                 ======================================================
                 Baijnath Singh @ Baijnath Prasad Son of late Ram Autar Singh, Resident of
                 Allahibagh, P.O.- Gopalpur (present thana Bairiya, P.S.- Sampatchak),
                 District- Patna.

                                                                      ... ... Petitioner/s
                                                 Versus
           1.    The State of Bihar through the Secretary, Revenue and Land Reforms
                 Department, Government of Bihar, Patna.
           2.    The Collector -cum- District Magistrate, Patna.
           3.    The Registrar, Registration, Chhajubagh, Department of Registration, Patna.
           4.    The Patna Municipal Corporation, through its Commissioner, Maurya Lok
                 Complex, Dak Bunglow Road, Patna.
           5.    Ashok Singh, Son of late Shyam Bihari Singh, Resident of village-
                 Illahibagh, P.O.- Bairiya, P.S.- Gopalpur, District- Patna (Bihar).
           6.    Ajay Kumar Singh, Son of late Shyam Bihari Singh, Resident of village-
                 Illahibagh, P.O.- Bairiya, P.S.- Gopalpur, District- Patna (Bihar).
           7.    Sanjay Kumar Singh, Son of late Shyam Bihari Singh, Resident of village-
                 Illahibagh, P.O.- Bairiya, P.S.- Gopalpur, District- Patna (Bihar).
           8.    Rajeshwar Prasad, Son of late Ram Nagina Rai, Resident of village-
                 Illahibagh, P.O.- Bairiya, P.S.- Gopalpur, District- Patna (Bihar).
           9.    Devendra Prasad, Son of late Ram Nagina Rai, Resident of village-
                 Illahibagh, P.O.- Bairiya, P.S.- Gopalpur, District- Patna (Bihar).
           10. Shashikant, Son of Sri Nikhilesh Kumar Singh, 315, Maharaja Kameshwar
               Complex, Frazer Road, Patna- 800001.
           11. Jascon Enterbuild Limited, through its Managing Director, 315, Maharaja
               Kameshwar Complex, Frazer Road, Patna- 800001.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr. Raj Shekhar, Advocate
                                        :      Mr. Ajay Prasad, Advocate
                 For the State          :      Mr. Standing Counsel (10)
                 For the PMC            :      Mr. Prasoon Sinha, Sr. Advocate
                                        :      Mr. Prabhat Kumar, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   15-04-2026                      Heard Mr. Raj Shekhar, learned counsel for the

                   petitioner and Mr. Prasoon Sinha, learned Senior Counsel

                   representing the Patna Municipal Corporation and learned
            Patna High Court CWJC No.4460 of 2026(2) dt.15-04-2026
                                                        2/2




                      counsel representing the State.

                                  2. The present petition has been preferred for the

                      grant of following relief(s):

                                              “for restraining the respondent no.11 not to

                                         execute a fresh agreement to any other persons

                                         and/or pass any other order/orders as your

                                         Lordship may deem fit and proper in the

                                         circumstances of this case.”

                                  3. After some argument, learned counsel for the

                      petitioner submits that he shall be approaching the competent

                      Civil Court for the redressal of the grievance.

                                  4. Granting said liberty, the writ petition is disposed

                      of.



                                                    (Rajiv Roy, J)
vinayak/-

U

Continue reading with your account

Checking your session…