Created by Fuzzy Cloud

Patna High Court

Suresh ChaudharyversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The writ petition is disposed of, directing the parties to resolve the dispute before the district court where the title suit is pending, without granting mandamus.

Summary

The petitioner, Suresh Chaudhary, filed a writ petition seeking mandamus to restrain the State officials and the village Mukhiya from constructing a Primary Agricultural Credit Societies (PACS) godown on land that is the subject of a pending title suit (No. 322/2018). He claimed possession of the land and alleged that the Circle Officer had issued no objection certificate for the construction. The High Court noted that the matter directly relates to the pending civil suit and that the appropriate forum to resolve the dispute is the district court where the title suit is pending. Accordingly, the Court directed the petitioner and the State respondents to appear before the district court on a specified date to address any objections, and dismissed the writ petition without granting the requested mandamus. The order emphasized expeditious resolution of the underlying suit and maintained the status quo pending that proceeding.

Issues considered

  • Whether the High Court can issue a writ of mandamus to restrain construction of a PACS godown on land pending in a civil title suit.
  • Whether the High Court has jurisdiction under Article 226/227 to entertain the writ petition in view of the parallel civil proceedings.
  • Whether the status quo can be maintained through a writ pending the outcome of the title suit.

Legislation cited

Subjects

  • writ petition
  • mandamus
  • land dispute
  • title suit
  • status quo
  • PACS godown
  • Article 226
  • Article 227
  • CPC Order 39
  • High Court jurisdiction

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.889 of 2026
                 ======================================================
                 Suresh Chaudhary S/o- Late Dodhai Chaudhary @ Sukhdev Chaudhary, R/o-
                 Ward No.06, Baidynathpur, P.O. Baidynathpur P.S.- Rosera, District-
                 Samastipur, Bihar.
                                                                          ... ... Petitioner/s
                                                   Versus
           1.     The State of Bihar through the Principal Secretary, Panchayati Raj,
                  Government of Bihar, Patna.
           2.    The Collector, Samastipur, Bihar.
           3.    The Sub Divisional Officer, Rosera, Samastipur.
           4.    The Circle Officer, Rosera, Samastipur, Bihar.
           5.    The Block Development Officer, Rosera, Samastipur, Bihar.
           6.     Shrimati Prema Devi, Mukhia, Village Panchayat Raj Motipur, P.S.- Rosera,
                  District- Samastipur, Bihar.
                                                                        ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :     Mr.Piyush Kumar Pandey, Advocate
                 For the Respondent/s :        Mr. Santosh Chandra Bhashkar, AC to GP 11
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                               ORAL ORDER

2   29-01-2026                   Heard Mr. Piyush Kumar, learned counsel appearing

                   on behalf of the petitioner and Mr. Santosh Chandra Bhashkar,

                   learned AC to GP 11 for the State.

                              2.Petitioner has inter alia prayed for following reliefs

                   in the paragraphs No.1 of the writ petition:-

                                             “I. For issuing a writ like mandamus directing
                                 the respondents to refrain from making a PACS godown on
                                 the land belonging to the petitioner, which is the subject
                                 matter of the Title Suit 322/2018(TS 89/2018), currently
                                 pending in the court of Learned Munsif, Rosera.
                                             II. For issuing a mandamus to the respondents
                                 to maintain the status quo over the subject matter of the
                                 land, which is the subject matter of the Title Suit
                                 no.322/2018.
                                             III. For issuing a writ of mandamus to the
                                 respondent by issuing a direction not to interfere with the
                                 petitioner’s right to cultivate the suit land.
                                             IV. For any other relief/reliefs to which the
Patna High Court CWJC No.889 of 2026(2) dt.29-01-2026
                                            2/3




                          petitioner is found entitled tin the facts and circumstances
                          of this case and in the interest of justice.”

                      3. Learned counsel appearing on behalf of petitioner

          seeks to Add Article 227 of the Constitution of India for

          entertaining the present writ petition in course of the day and he

          will also deposit the required court fees today, in the background

          of the fact that the petitioner is aggrieved by inaction on part of

          the learned District Court, where an application under Order 39

          Rule 1 and 2 of CPC has been filed in Title Suit No.322/2018

          (TS No.89/2018) and the same is pending till date.

                      4. Learned counsel is permitted to do so.

                      5. Considering the nature of relief as sought for in the

          present writ petition, I find that the subject matter of the present

          writ petition is same to that of title suit which has been filed in

          respect of piece of land, appertaining to old Khata No.340, Old

          Khesra No.1519 corresponding to New Khata No.1115, New

          Khesra No.2855, total            area of 72 decimals. Petitioner has

          claimed that he is in possession of the said piece of land and

          recently during the pendency of title suit, an injunction petition

          was filed before the learned District Court but in spite of that,

          the Circle Officer, Rosera, Samastipur, who is also party to the

          said suit, has issued no objection certificate to the Mukhiya of

          the Gram Panchayat, Motipur for construction of Primary
           Patna High Court CWJC No.889 of 2026(2) dt.29-01-2026
                                                       3/3




                     Agricultural Credit Societies Godown (PACS Godwan).

                                 6. In view of the above information brought on

                     record, I direct the petitioner and the respondents no.2 to 5 to

                     appear before the learned District Court concerned where Title

                     Suit No.322/2018 (TS No.89/2018) is pending. In case

                     respondents no.2 to 5 seek to file objection to the petition filed

                     for injunction on behalf of the petitioner, the same be filed

                     within a week from date of communication of this order.

                                 7. I find that no notice is required as the District

                     Magistrate, Samastipur and other government officials are

                     represented by the learned State counsel / Mr. Santosh Chandra

                     Bhaskhar. The parties are directed to appear before the learned

                     District Court on 09.02.2026 at 10:30 a.m., so that expeditious

                     action can be taken, considering that the petitioner has made out

                     a case that as on date, he is in possession of the property as

                     mentioned above.

                                 8. The writ petition is, accordingly, disposed of.




                                               (Purnendu Singh, J)

Sanjay/-

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.