Patna High Court
Md. Moshraf @ Batto and AnrversusThe State Of Bihar and Ors
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The writ petition is dismissed as the matter is pending before a competent civil court and the High Court will not interfere.
Summary
The petitioners, a group of landowners, filed a writ petition challenging an order dated 19‑04‑2014 issued by the Divisional Commissioner of Bhagalpur that declared their homestead land as government land and directed its encroachment to be removed. They sought a writ of certiorari, a stay of the order, and protection of their possession. Respondent No. 8 filed a counter‑affidavit stating that a Title Suit No. 832 of 2013, which includes the relief sought, is pending before a competent civil court and that this fact had been suppressed in the writ petition. No rebuttal to the counter‑affidavit was filed, and the parties confirmed the title suit remains pending. The High Court held that the appropriate forum for the dispute is the civil court hearing the title suit and therefore disposed of the writ petition without further interference.
Issues considered
- What is the appropriate forum for adjudicating the dispute over the land declared as government land?
- Whether the writ petition should be dismissed on the ground of pending civil litigation and alleged suppression of material facts?
Subjects
- writ of certiorari
- government land
- land encroachment
- jurisdiction
- pending civil suit
- suppression of fact
- high court disposal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4802 of 2015
======================================================
1. Md. Moshraf @ Batto and Anr son of Late Md. Zahoor
2. Md. Tajuddin @ Sk. Tajuddin, son of Late Md. Akhtar Both resident of
village and P.O. dhanaura, Police Station- Rasulpur Kahalgaon, District-
Bhagalpur.
... ... Petitioner/s
Versus
1. The State Of Bihar.
2. The Divisional Commissioner, Bhagalpur.
3. The District Magistrate, Bhagalpur.
4. The D.C.L.R., Kahalgaon, Bhagalpur.
5. The C.O, C.D. Block Kahalgaon, Bhagalpur
6. The Officer-in-Charge, Rasalpur Kahalgaon, Bhagalpur.
7. The Sarpanch, Gram Katchery, Dhanaura, Police Station- Rasalpur
Kahalgaon, Anchal Kahalgaon, Distr
8. Md. Sulaiman Son of Late Mohammad, Resident of village and P.O.
Dhanaura, Police Station- Rasulpur Kahalgaon, District- Bhagalpur.
9. Md. Zainul Islam
10. Md. Ainul
11. Md. Saleem All sons of Late Md. Reyasat
12. Md. Alim
13. Md. Bechan Both son of Late Md. Akhtar
14. Md. Istekhar
15. Md. Jahangir Both son of Md. Alim Resident of village and P.O. Dhanaura,
Police Station- Rasulpur Kahalgaon, District- Bhagalpur.
16. Md. Maqbool
17. Md. Seraj Both son of Late Md. Gullo
18. Md. Ashraf son of Late Md. Zahoor
19. Md. Mokarram son of Sk. Tajuudin
20. Md. Mofeed son of Muslim
21. Md. Jamsheer son of Late Md. Arshad
22. Md. Muntasir son of Late Md. Jamseer SI. no. 16 to 22 resident of village-
Bansapati, P.O. Nandlal, Police Station- Kahalgaon, District- Bhagalpur.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Md. Najmul Hodda, Advocate
For the Respondent/s : Mr. Mrigundra Kumar, AC to GP-20
For the Resp. No. 8 : Mr. Raghis Ahsan, Sr. Advocate
Patna High Court CWJC No.4802 of 2015(3) dt.20-01-2026
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======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 20-01-2026 Heard the parties.
2. The present petition has been preferred for the
following relief(s):
“(i) For issuance of a writ of certiorari
or any other appropriate writ, order or direction
for quashing the order dated 19.04.2014 in
Bhagalpur Misc. (B.L.D.R.) Appeal Case No. 208
of 2013-14 passed by the Divisional Commissioner,
Bhagalpur by which he without any jurisdiction
has most arbitrarily & quite malafidely declared
the petitioners homestead land as Govt. land and
further directed the Anchaladhikari/ C.O.,
Kahalgaon to remove encroachment.
(ii) For issuance of an appropriate writ,
order or direction commanding the respondents
from interfering in the peaceful possession &
occupation of petitioners in respect of the land-in-
question.
(iii) For issuance of an appropriate writ,
order or direction for grant of ad-interim stay of
the operation of impugned order dated 19.04.2014
Patna High Court CWJC No.4802 of 2015(3) dt.20-01-2026
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(B.L.D.R.) Appeal No. 208 of 2013-14 passed by
Divisional Commissioner, Bhagalpur contained in
Annexure-1 of the writ petition.
(iv) For issuance of an appropriate writ,
order or direction for grant of any other relief or
reliefs which may be deemed fit and proper in the
facts and circumstances of the case.”
3. A counter-affidavit has come on behalf of the
respondent no. 8 after due service of copies to all the parties and
the learned Senior counsel for the respondent no. 8 has taken
this Court to paragraph-4 to show that a Title Suit No. 832 of
2013 relating to multiple relief including the relief sought for in
the writ petition is pending before a competent Civil Court and
this fact was suppressed by the petitioner while filing the writ
petition.
4. There is no rebuttal to the said counter-affidavit
filed in the year 2018. Upon query, it has been informed by the
parties that the said Title suit is still pending before the
competent Civil Court.
5. Without observing anything on the submission of
the learned counsel for the respondent no. 8 that there is
suppression of fact in the writ petition, allowing the parties to
Patna High Court CWJC No.4802 of 2015(3) dt.20-01-2026
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agitate the matter before the competent Civil Court, the writ
petition stands disposed of.
6. It goes without saying that the Title Court will be
passing an order independent of any observation made by any of
the Court relating to the present case.
(Rajiv Roy, J)
Adnan/-
U
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