Created by Fuzzy Cloud

Patna High Court

Tarkeshwar PandeyversusThe State Of Bihar

Decided
Disposal
DISPOSED

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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.