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Patna High Court

Manoj SinghversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The writ petition is disposed, allowing the petitioner to seek relief in the civil court where the title suit is pending.

Summary

Manoj Singh filed a writ petition challenging the issuance of a Basgit Parcha by the Circle Officer, Taraiya, which granted land rights to several private respondents. The petitioner feared dispossession of his land following a measurement conducted by the respondents on 13‑04‑2026. The same relief was also being sought in Title Suit No. 997 of 2023 pending before the Sub‑Judge, Saran. The Court observed that the same relief cannot be pursued simultaneously in a civil suit and a writ petition, and that the petitioner had approached the wrong forum for interim relief. Consequently, the petitioner was permitted to withdraw the writ application and approach the civil court for a restraining order, and the writ petition was disposed.

Issues considered

  • The appropriateness of maintaining a writ petition when the same relief is pending in a civil suit.
  • Whether simultaneous proceedings in writ jurisdiction and civil jurisdiction for the same relief are permissible.
  • The permissibility of withdrawing a writ petition to seek relief in the appropriate civil forum.

Legislation cited

Subjects

  • Basgit Parcha
  • writ jurisdiction
  • civil suit
  • parallel proceedings
  • withdrawal of writ
  • land dispossession
  • interim restraining order

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Civil Writ Jurisdiction Case No.8971 of 2026
                 ======================================================
                 Manoj Singh, Son of Late Bali Singh, Resident of Village- Dumari, Chapra,
                 P.S.- Taraiya, District- Saran at Chapra.

                                                                       ... ... Petitioner/s
                                                 Versus
           1.    The State of Bihar through the Principal Secretary, Revenue and Land
                 Department, Government of Bihar, Patna.
           2.    The District Magistrate, Saran at Chapra.
           3.    The Circle Officer, Taraiya, District- Saran at Chapra.
           4.    Gyanti Devi, Wife of Dharmdas, Resident of Village- Parsauni, P.S.-
                 Gopalganj, District- Gopalganj, at present Village- Dumari (Andhrawari),
                 P.S.- Taraiya, District- Saran.
           5.    Dharmdas, Son of Late Punit Das, Resident of Village- Parsauni, P.S.-
                 Gopalganj, District- Gopalganj, at present Village- Dumari (Andhrawari),
                 P.S.- Taraiya, District- Saran.
           6.    Anita Devi, Son of Dahari Das, Resident of Village- Parsauni, P.S.-
                 Gopalganj, District- Gopalganj, at present Village- Dumari (Andhrawari),
                 P.S.- Taraiya, District- Saran.
           7.    Dahari Das, Son of Dahrmdas, Resident of Village- Parsauni, P.S.-
                 Gopalganj, District- Gopalganj, at present Village- Dumari (Andhrawari),
                 P.S.- Taraiya, District- Saran.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :       Mr. Dhananjay Kumar Tiwary, Advocate
                 For the Respondent/s   :       Mr. Standing Counsel (13)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RANA VIKRAM SINGH
                                       ORAL ORDER

2   29-06-2026                 Heard the parties.

                               2. After vehemently argued for sometime, the learned

                   counsel for the petitioner prays for withdrawal of the writ

                   application in view of the pendency of the Title Suit No. 997 of

                   2023 which is pending before the learned Sub-Judge (Sr.

                   Division), Saran at Chapra for the same relief(s) assailing the

                   issuance of Basgit Parcha in favour of the private respondent. In
Patna High Court CWJC No.8971 of 2026(2) dt.29-06-2026
                                            2/3




          the mean time, the petitioner has also approached this Court

          against the same order passed by Circle Officer, Taraiya, Saran

          issuing Basgit Parcha in favour of the private respondents

          herein. The Civil Court of competent jurisdiction and the

          Constitutional Court under writ jurisdiction cannot be

          approached simultaneously for the same set of relief(s) against

          the same order passed by the Circle Officer, Taraiya, Saran.

                      3. Learned counsel for the petitioner apprehends

          dispossession from the piece of land in view of the measurement

          done by the respondents on 13.04.2026. Petitioner is at liberty

          under the specific provisions of the C.P.C. to file an application

          before the competent Court where the matter is pending for

          restraining the respondents from dispossessing him from the suit

          land.

                      4. Learned counsel for the State also submits that the

          petitioner has approached the wrong forum and rather he has

          been availing two forums at the same, which is simply

          impermissible in the eyes of law.

                      5. At this stage, learned counsel for the petitioner

          seeks permission of this Court to withdraw this application with

          liberty to approach the competent Court of civil jurisdiction

          where the title suit is going on in connection with the land in
              Patna High Court CWJC No.8971 of 2026(2) dt.29-06-2026
                                                          3/3




                        question for filing an appropriate application for restraining the

                        respondents from imminent dispossession from the disputed

                        land.

                                    6. It goes without saying that if such an application is

                        preferred by the petitioner before the competent Court of civil

                        jurisdiction, the Court concerned must consider the same on

                        priority basis and decide the issue after having heard all the

                        concerned parties in the matter as soon as possible in order to

                        avoid future complication.

                                    7. In these terms, this writ application is disposed off.



                                                (Rana Vikram Singh, J)
Saurabh.kr/
Supratim-

U


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