Patna High Court
Kaushalya DeviversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
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
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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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