Patna High Court
Musafir PanditversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The writ petition is not maintainable as a civil suit is pending, and the matter should be decided by the civil court.
Summary
Musafir Pandit filed a writ petition seeking a mandamus directing the respondents to stop construction of a Panchayat Sarkar Bhawan on his land in Nawada. The respondents argued that a Title Suit (No. 290 of 2024) concerning the same land is pending before the civil court. The petitioner alleged that the respondents were deliberately avoiding appearance in that suit. The Court observed that when a competent civil suit is pending, invoking Article 226 of the Constitution is not appropriate. Accordingly, the Court directed the civil court to continue with the Title Suit and give the respondents an opportunity to present their case, preferably within a year. The writ petition was disposed, with the petitioner allowed to seek interim relief if necessary.
Issues considered
- Whether a writ petition under Article 226 is maintainable when a civil suit concerning the same subject matter is pending.
- Whether the court can issue a mandamus restraining construction of a building on disputed land.
Subjects
- Article 226
- writ jurisdiction
- mandamus
- pending civil suit
- land dispute
- Panchayat Sarkar Bhawan
- civil procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.6325 of 2024
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Musafir Pandit Son of Late Chulhan Pandit, Resident of Village - Hajipur
Chargharwa, Police Station - Sirdala, District - Nawada. At Present Hamidpur,
Kumhartoli, P.S. Sector 19 Post, District - Sundargarh, Raurkela (Orissa).
... ... Petitioner/s
Versus
1. The State of Bihar through Principal Secretary Department of Revenue of
Land Reforms, Government of Bihar.
2. District Magistrate cum Collector, Nawada.
3. The District Panchayati Raj Officer, Nawada.
4. The Executive Engineer, Local Office, Planning and Development
Department, District - Nawada.
5. The Subdivisional Officer, Rajouli.
6. The Circle Officer, Sirdala, Nawada.
7. Block Development Officer, Sirdala, Nawada.
8. Mukhiya, Dhiroundh Panchayat.
9. Mohammad Rahis Kha, (contractor), Resident of Panjiyar, Par Nawada, P.S.
Town Thana, District - Nawada.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Raj Shekhar, Advocate
For the Respondent/s : Md. Irshad, AC to SC-1
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
4 21-04-2026 Heard Mr. Raj Shekhar, learned counsel for the
petitioner and the State.
2. The present petition has been preferred for the
following relief/s:
(i) for issuance of order/orders, Direction/
Directions Writ/Writs in the nature of
Mandamus for commanding the respondents
to restrain themselves from construction of
Panchayat Sarkar Bhawan on the rayati
Patna High Court CWJC No.6325 of 2024(4) dt.21-04-2026
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land of the petitioner..
3. The matter relates to a piece of land as recorded in
paragraph-5 and is incorporated hereinbelow:
(i) thana no-91;
(ii) khata no-725;
(iii) plot No-3134;
(iv) area 1 acre 18 dismal;
situated at Mouza Dhiroundh Hajipur,
Halka Dhiroundh, circle Sirdala,
Hajipur chrgharwa, police station -
Sirdala, District Nawada
4. On the said land, a Panchayat Sarkar Bhawan is
being constructed which led to the filing of the writ petition.
5. The counter affidavit has come on behalf of the
respondents, according to which Title Suit No. 290 of 2024 is
pending before a competent Civil Court at Nawada.
6. Learned counsel for the petitioner submits that on
the one hand, they have taken stand that a Title Suit is pending,
on the other hand they are not appearing in the said suit.
7. Learned State counsel submits that the respondents
shall be putting in their appearance.
8. Having heard the parties, this Court is of the
Patna High Court CWJC No.6325 of 2024(4) dt.21-04-2026
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opinion that Title Suit No. 290 of 2024 is pending before a
competent Civil Court at Nawada, the same has to be taken to
its logical conclusion and it would be not proper to invoke
Article 226 of the Constitution of India.
9. Learned counsel for the petitioner submits that the
respondents herein are deliberately not appearing in the matter.
Though the learned State counsel has submitted that they shall
be putting in their appearance, this Court directs the competent
Civil Court to proceed in the matter and after giving sufficient
opportunity to the defendant/respondent to take the matter to its
logical conclusion preferably within a period of one year from
today.
10. The petitioner shall be free to file appropriate
petition for getting any interim order in accordance with law.
11. The writ petition is disposed of with the aforesaid
observation.
12. Pending I.A., if any, stands disposed of.
(Rajiv Roy, J)
Ravi/-
U
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