Patna High Court
Tarkeshwar PandeyversusThe State Of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The High Court disposed of the writ petition, directing the petitioners to pursue their title suit and related injunction in the competent civil court.
Summary
The petitioners, a group of Pandey family members, filed a writ petition seeking to quash an order dated 31‑01‑2024 by the Additional Collector that cancelled their jamabandi and to restore the land record in their favour. They also requested that the State not interfere with their possession of raiyati lands. The State argued that a title suit (No. 838 of 2025) and an injunction petition had already been filed and should be pursued before the appropriate civil court. The High Court held that the writ petition could not grant the relief sought while the civil proceedings were pending, and directed the petitioners to continue their title suit in the competent court, with the injunction petition to be decided there. The court disposed of the writ petition, allowing the petitioners to contest the title suit, and dismissed any pending interlocutory applications.
Issues considered
- Whether a writ petition under Article 226 can be entertained for relief when a civil title suit concerning the same land has been filed.
- Whether the High Court can direct the parties to pursue the matter in the appropriate civil court rather than granting the writ relief.
Subjects
- land reform
- jamabandi
- writ petition
- civil suit
- injunction
- jurisdiction
- title suit
- property rights
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7650 of 2024
======================================================
1. Tarkeshwar Pandey Son of Late Parasnath Pandey Resident of Village-
Madhopur, P.O. Madhopur, P.S. Barauli, District- Gopalganj.
2. Rajeshwar Pandey Son of Late Parasnath Pandey Resident of Village-
Madhopur, P.O. Madhopur, P.S. Barauli, District- Gopalganj.
3. Kameshwar Pandey Son of Late Parasnath Pandey Resident of Village-
Madhopur, P.O. Madhopur, P.S. Barauli, District- Gopalganj.
4. Narendra Pandey S/o Late Raghunath Pandey Resident of Village-
Madhopur, P.O. Madhopur, P.S. Barauli, District- Gopalganj.
5. Usha Kunwar W/o Late Shambhu Sharan Pandey Resident of Village-
Madhopur, P.O. Madhopur, P.S. Barauli, District- Gopalganj.
6. Sachin Pandey Son of Late Shambhu Sharan Pandey Resident of Village-
Madhopur, P.O. Madhopur, P.S. Barauli, District- Gopalganj.
7. Sujit Pandey Son of Late Shambhu Sharan Pandey Resident of Village-
Madhopur, P.O. Madhopur, P.S. Barauli, District- Gopalganj.
8. Ajit Pandey Son of Late Shambhu Sharan Pandey Resident of Village-
Madhopur, P.O. Madhopur, P.S. Barauli, District- Gopalganj.
9. Suresh Pandey Son of Late Shambhu Sharan Pandey Resident of Village-
Madhopur, P.O. Madhopur, P.S. Barauli, District- Gopalganj.
... ... Petitioner/s
Versus
1. The State Of Bihar Through the Principal Secretary, Department of Land
Reforms and Revenue.
2. The Principal Secretary/ Additional Chief Secretary, Government of Bihar,
Secretariat, Patna.
3. The Additional Collector, Gopalganj
4. The Circle Officer, Barauli Anchal, Gopalganj.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Nagendra Rai, Advocate
: Mr. Koshalendra Rai, Advocate
: Mr. Navin Nikunj, Advocate
For the State : Mr. Government Pleader ( 22 )
: Mr. K.K. Singh, AC to GP-22
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
4 28-04-2026 Heard Mr. Nagendra Rai, learned counsel for the
petitioners and learned counsel representing the State.
Patna High Court CWJC No.7650 of 2024(4) dt.28-04-2026
2/3
2. The present petition has been preferred for the
grant of following relief(s):
“(i) for quashing the order dated
31/1/2024(Annexure P-4) passed by the
Additional Collector Gopalganj (respondent
number 3) in Jamabandi Cancellation Case No.
31/2023-'24;
(ii) for commanding the respondents
restore jamabandi no. 413 in the name of
Gorakh Pandey, ancestor of the petitioners as it
stood prior to the passing of the impugned
order;
(iii) for commanding the respondents
not to interfere in the peaceful possession and
enjoyment by the petitioners of their raiyati
lands situate in village Madhopur, P.S. Barauli,
District- Gopalganj as detailed below :-
Khata Khesra Area (B-Kh-Dh)
426 672 0-2-10
1672 0-1-15
1673 0-1-15
(iv) grant any other relief deemed fit
Patna High Court CWJC No.7650 of 2024(4) dt.28-04-2026
3/3
and proper.”
3. At the outset, learned counsel for the petitioners
submit that they have preferred Title Suit No. 838 of 2025
before a competent court at Gopalganj and an injunction petition
has also been preferred in the month of January, 2026 which has
not been taken to its logical conclusion.
4. Learned State counsel submits that now that the
Title Suit has been preferred, it would be appropriate that they
agitate the matter before the competent court.
5. Considering the aforesaid facts, the writ petition is
disposed of allowing the petitioner to contest the aforesaid title
suit. Further, this Court would expects from the concerned court
that the injunction petition shall be taken up and disposed of in
accordance with law, at an earliest.
6. The Interlocutory Application pending, if any also
stands disposed of.
(Rajiv Roy, J)
vinayak/-
U
Checking your session…