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Patna High Court

Kaushalya DeviversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The High Court held that the petitioner’s grievance must be decided by the court handling the pending title suit, and therefore the writ petition is dismissed.

Summary

Petitioner Kaushalya Devi filed a writ petition seeking to restrain the construction of a water tank on her private land under the Har Ghar Nal Ka Jal scheme, alleging that the land is her private property and that a title suit (Suit No. 41 of 2017) is pending. She requested a writ of mandamus, certiorari and other reliefs to stop the issuance of Letter No. 2855 dated 21.12.2024 authorising the tank's installation. The State counsel argued that any grievance should be addressed in the pending title suit. The Court held that the appropriate forum for resolving the land dispute is the civil court handling the title suit and that the writ petition cannot be entertained for the same relief. Consequently, the writ petition was disposed of with the observation that the petitioner should approach the competent court of the title suit.

Issues considered

  • Whether the High Court can issue a writ to restrain construction of a water tank on private land pending a title suit.
  • Whether the appropriate forum for the petitioner's grievance is the civil court hearing the pending title suit.

Subjects

  • water tank
  • land acquisition
  • writ petition
  • Har Ghar Nal Ka Jal
  • title suit
  • jurisdiction

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.7499 of 2025
                 ======================================================
                 Kaushalya Devi Wife of Bindeshwar Kamti Resident of Village- Parari, P.S.-
                 Darbhanga, District- Darbhanga.

                                                                        ... ... Petitioner/s
                                                 Versus
           1.    The State of Bihar Represented through the Principal Secretary, Revenue
                 and Land Reforms Department, Govt. of Bihar.
           2.    The District Magistrate, Darbhanga.
           3.    The Circle Officer, Biraul, Darbhanga.
           4.    Circle Inspector, Biraul, Darbhanga.
           5.    Executive Engineer, P.H.E.D., Darbhanga.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Gopal Jha, Advocate
                 For the State            :       Mr. Standing Counsel 26
                                          :       Mr. Divit Vinod, AC to SC-26
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   28-04-2026                    Heard the parties.

                                 2. The present petition has been preferred for the

                   grant of following relief(s):

                                                  “(i) to issue an appropriate writ /

                                        writs, order / orders, direction /directions, to the

                                        respondent authorities specially to respondent

                                        no.-3, to not construct / built a Water Tank on the

                                        private land of the petitioner bearing Khata No.

                                        422 (old), 735 (new), Khesra No. 479 (old),

                                        691(new) measuring 6½ (six and half decimal),

                                        in the Panchayat of Parri, Mauza Parari, Thana
Patna High Court CWJC No.7499 of 2025(2) dt.28-04-2026
                                            2/3




                             No. 111, Ward No. 4, within the district of

                             Darbhanga, under the scheme of HAR GHAR

                             NAL KA JAL.

                                         (ii) to issue a writ in the nature of

                             Mandamus for a direction to the respondent no.-

                             3, to stop the implementation of letter no. 2855,

                             dated 21.12.2024, issued under the signature of

                             respondent no.-3, by which private land of the

                             petitioner bearing Khata No. 422 (old), 735

                             (new),     Khesra          No.   479     (old),   691(new)

                             measuring 6½ (six and half decimal), in the

                             Panchayat of Parri, Mauza - Parari, Thana No.

                             111, Ward No. -4, within the district of

                             Darbhanga,           has     been      selected   for   the

                             installation of Water Tank under the scheme of

                             HAR GHAR NAL JAL.

                                         (iii) to issue a writ in the nature of

                             Certiorari for the quashing of letter no. 2855,

                             dated 21.12.2024, by which private land (self

                             purchased in the year 1982) of the petitioner has

                             been selected for the installation of Water Tank.

                                         (iv) any other relief or reliefs for which
            Patna High Court CWJC No.7499 of 2025(2) dt.28-04-2026
                                                        3/3




                                         the petitioner is legally and validly entitled in the

                                         facts and circumstances of the case.”


                                  3. Learned counsel for the petitioner submits that Title

                      Suit No. 41 of 2017 is pending but was filed before the

                      construction started.

                                  4. Learned State counsel submits that this fact can be

                      very well brought before the concerned court so that an

                      appropriate order is passed.

                                  5. This Court accepts the submissions put forward by

                      the learned State counsel. If the petitioner has any grievance

                      relating to the land in question, the competent court dealing with

                      the Title Suit No. 41 of 2017 can very well take the same on

                      record and pass an order accordingly.

                                  6. The writ petition is disposed of with the aforesaid

                      observation.



                                                    (Rajiv Roy, J)
vinayak/-

U


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