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Patna High Court

Shivchand RamversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The writ petition is disposed, with the Court directing the District Magistrate‑Cum‑Collector to decide the petitioners' representation within four weeks, as the civil title suit remains pending.

Summary

The petitioners, claiming possession of a 25‑decimal plot in Kauriram based on a 1988 Parcha and Jamabandi, filed a writ petition seeking a direction to stop the State from constructing a government building on the land. They also filed a title suit (No. 899 of 2023) in the civil court and a representation before the District Magistrate‑Cum‑Collector on 13 January 2026 alleging forced eviction. The State argued that the petitioners had already availed the appropriate civil remedy and could not simultaneously seek relief in the writ jurisdiction. The Court observed that the civil suit and the writ petition address distinct remedies – the former determines legal title, while the latter concerns immediate grievance redressal before the magistrate. Consequently, the Court directed the District Magistrate‑Cum‑Collector to dispose of the representation within four weeks and disposed of the writ petition. No substantive order on the title suit was made, as it remains sub‑judice.

Issues considered

  • Can petitioners obtain relief in writ jurisdiction when a title suit challenging their possession is pending in a civil court?
  • Is it permissible to direct the District Magistrate‑Cum‑Collector to dispose of the petitioners' representation within a specified time despite the pending civil suit?
  • Do the remedies before a civil court and the district magistrate constitute distinct and separate avenues of redress?

Subjects

  • writ jurisdiction
  • title suit
  • possession
  • Parcha
  • eviction
  • district magistrate
  • civil remedy
  • simultaneous relief
  • government building construction

Judgment

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                      Civil Writ Jurisdiction Case No.8026 of 2026
     ======================================================
1.   Shivchand Ram Son of Late Kishun Ram, Resident of Village- Kaudiram,
     P.S.- Mohania, District- Kaimur.
2.   Ghasi Ram, Son of Sri Kumar Ram, Resident of Village- Kauriram, P.S.-
     Mohania, District- Kaimur (Bhabhua) Bihar 821109.
3.   Sunaina Devi, Wife of Rama Shankar Ram, Resident of Village- Kauriram,
     P.S.- Mohania, District- Kaimur at Bhabhua Bihar 821109.
4.   Balister Ram, Son of Ramgati Ram, Resident of Village- Kauriram, P.S.-
     Mohania, District- Kaimur at Bhabhua.


                                                                   ... ... Petitioner/s
                                           Versus
1.   The State of Bihar through the Collector, Kaimur at Bhabhua.
2.   The Collector, Kaimur at Bhabhua.
3.   The Sub Divisional Officer, Mohania Kaimur.
4.   The Circle Officer, Bhabhua.


                                                                 ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s       :      Mr. Arvind Kumar, Adv.
     For the Respondent/s       :      Ms. Shweta Anand, AC to GP-13
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE RANA VIKRAM SINGH
     ORAL JUDGMENT
     Date : 01-07-2026

                            Heard the learned counsel for the parties.

                            2. The present writ application has been

         preferred for directing the respondents not to construct the

         Government building over the piece of land upon which
Patna High Court CWJC No.8026 of 2026 dt.01-07-2026
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           the petitioners claimed to be the Parchadharis of the same.

                          3. The learned counsel for the petitioners

           submits that on the strength of the Parchas issued in the

           year 1988, the petitioners have been coming over the

           possession of the land in question, situated in Village-

           Kauriram, bearing Khata No. 48, Khesra No. 243 having

           an area of 25 decimal, and Jamabandi has also been

           created in their names and they have regularly been paying

           rent.     The learned counsel for the petitioners further

           submits that the petitioners, who are landless persons, have

           been residing over the said piece of land since long back

           on the strength of the Parchas issued by the competent

           authority, have been dispossessed forcibly by the District

           Administration for construction of the Government

           building over the same.

                          4. The learned counsel for the petitioners also

           highlights that the petitioners have preferred a Title Suit,

           bearing No. 899 of 2023, which is pending in the Court of

           learned Civil Judge, Senior Division, Mohania (Bhabhua)

           for adjudication

                          5. The learned counsel appearing on behalf of

           the State submits and highlights that since the petitioners
Patna High Court CWJC No.8026 of 2026 dt.01-07-2026
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           have already preferred a proper remedy available to them

           in law by filing a Title Suit before the competent Court of

           civil jurisdiction, they have no right to avail the

           simultaneous relief in the writ jurisdiction of the

           Constitutional Court.

                          6. It is evident from the records that the

           petitioners have already preferred a Title Suit challenging

           their forceful eviction from the land over which they are

           claiming possession on the strength of Purcha, is pending

           before the competent Court of civil jurisdiction and for the

           same they have also filed representation, detailing the facts

           and circumstances of their case, before the District

           Magistrate-Cum-Collector,              Kaimur   (Bhabua)     on

           13.01.2026, but the same appears to have fallen on deaf

           ears as the District Magistrate-Cum-Collector has still not

           decided the same, forcing the petitioners to approach this

           Court under writ jurisdiction.

                          7. It is not in dispute that the petitioners have

           already availed the proper remedy by preferring Title Suit,

           questioning their eviction from the land which they

           possess and have been residing on the strength of Parcha

           duly issued to them, which is still sub-judice before the
Patna High Court CWJC No.8026 of 2026 dt.01-07-2026
                                           4/5




           competent Court of civil jurisdiction, which has to decide

           the same on the basis of the evidence brought before it by

           the respective parties, but, in the meantime, on account of

           them being homeless and landless, the petitioners

           approached         the     District        Magistrate-Cum-Collector,

           Kaimur (Bhabua) (respondent No. 2) by filing a

           representation, highlighting their grievances, with a prayer

           to take a proper decision for redressal of their grievances.

                          8. Both the remedies are different and distinct.

           The remedy before the Court of competent civil

           jurisdiction is of judicial nature, which would, ultimately,

           determine the right of the petitioners to have a claim over

           the land on the strength of the Parcha and whether

           cancellation of the same and consequent eviction of the

           petitioners from that piece of land is legally tenable or not,

           is totally a different subject matter, whereas, before the

           District Magistrate-Cum-Collector, Kaimur (Bhabua), the

           petitioners have come with the prayer to look into their

           grievances and alleged atrocities by the local authorities,

           which, in their estimation, could only be addressed and

           redressed by the District Magistrate-Cum-Collector of the

           concerned district.
             Patna High Court CWJC No.8026 of 2026 dt.01-07-2026
                                                        5/5




                                       9.    Thus,      the        District   Magistrate-Cum-

                        Collector,      Kaimur       (Bhabua)/respondent         No.   2   is,

                        accordingly, directed to dispose off the representation

                        dated 13.01.2026 preferred by the petitioners within a

                        period of four weeks from the date of receipt/production of

                        a copy of this order in accordance with law.

                                       10. With the aforesaid observation/direction,

                        the writ petition stands disposed off.

                                       11. Interlocutory application(s), if any, also

                        stands disposed off.


                                                   (Rana Vikram Singh, J)


Praveen-II/-
AFR/NAFR                NAFR
CAV DATE                N/A
Uploading Date          04.07.2026
Transmission Date       N/A


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