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Patna High Court

Raj Kumar PaswanversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The writ jurisdiction is not available for adjudicating private disputes over title and possession; the petition is dismissed.

Summary

Petitioner Raj Kumar Paswan filed a writ petition seeking a direction to remove an alleged encroachment by private respondent Samundari Devi on land for which a settlement order dated 12.01.2014 had been passed in his favour. He also prayed for restoration of peaceful possession of the disputed parcel measuring 04 decimal. The High Court observed that the dispute concerned title and possession between two private parties, which is a matter of fact that cannot be adjudicated under writ jurisdiction. Although the District Magistrate had affirmed the settlement in favour of the petitioner, such administrative orders do not confer jurisdiction on the court to issue a writ against a private respondent. The Court held that the appropriate remedy is to approach a civil court where evidence can be led and witnesses examined. Accordingly, the writ petition was disposed with liberty to the petitioner to file a suit in a competent civil court.

Issues considered

  • Whether a writ petition is maintainable when the dispute involves title and possession between private parties.
  • Whether the High Court can issue a writ directing removal of encroachment based on a settlement order and an order of the District Magistrate.
  • Whether the existence of an administrative order in favour of the petitioner confers jurisdiction on the writ court.

Subjects

  • writ jurisdiction
  • civil suit
  • land dispute
  • private dispute
  • encroachment
  • settlement order
  • jurisdiction
  • high court

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.8973 of 2026
                 ======================================================
                 Raj Kumar Paswan, Son of Jeewachh Paswan, Resident of village and Post-
                 Pandaul, Police Station- Pandaul, District- Madhubani.
                                                                            ... ... Petitioner/s
                                                    Versus
           1.     The State of Bihar through the Principal Secretary, Department of Revenue
                  and Land Reforms, Government of Bihar, Patna.
           2.    The District Magistrate, Madhubani.
           3.    The Superintendent of Police, Madhubani.
           4.    The Deputy Collector, Land Reforms, Sadar, Madhubani.
           5.    The Sub Divisional Officer, Sadar, Madhubani.
           6.    The Circle Officer, Pandaul, District- Madhubani.
           7.     Most. Samundari Devi, wife of Late Banarasi Paswan, resident of village-
                  Pandaul Chhota Asthan, Anchal and P.S.- Pandaul, District- Madhubani.
                                                                          ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :       Mr. Nilendu Kumar Choudhary, Advocate
                 For the Respondent/s   :       Mr. Standing Counsel (04)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RANA VIKRAM SINGH
                                       ORAL ORDER

2   29-06-2026                 Heard the parties.

                               2. The writ application has been preferred by the

                   petitioner for a direction to the respondent authorities to remove

                   the encroachment made by the private respondent upon the land

                   of the petitioner having Khata No. 3626, Khesra no.

                   2249(old)/3619(New) measuring an area of 04 decimal at

                   Mauza- Pandaul, Anchal and Police Station- Pandaul, District

                   Madhubani with an additional prayer for a direction to the

                   respondent to restore the peaceful possession over the disputed

                   land which has been settled in his favour in Settlement Parcha

                   Case No. 14 of 2013-14 by an order dated 12.01.2014.
Patna High Court CWJC No.8973 of 2026(2) dt.29-06-2026
                                            2/3




                      3. From the submissions made on behalf of the

          petitioner and the documents brought on record in the writ

          application, it appears that there is dispute between two private

          persons which is not a subject matter of writ jurisdiction,

          because under writ jurisdiction, the Court can only go by the

          undisputed facts in order to decide the claim/relief(s) prayed for

          on behalf of the petitioner. Disputed question of facts cannot be

          adjudicated between two private persons, which is simply

          beyond the writ Court jurisdiction.

                      4. Learned counsel for the petitioner further points out

          that by Annexure P-4 appended to the writ application, the

          District Magistrate-cum-Collector, Madhubani has passed an

          order dated 18.02.2025 in Basgit Parcha Appeal No. 55 of 2024

          allowing the appeal of the petitioner, thereby affirming the

          Basgit Parcha issued in favour of the petitioner.

                      5. Learned counsel for the State, at this stage, submits

          that the writ application is not maintainable on account of the

          disputed question of facts raised on behalf of the petitioner

          which cannot be decided here at this stage, because deciding

          and adjudicating the right of the persons concerned requires

          evidence and examination of witnesses which can only be done

          by the Court of competent jurisdiction.
              Patna High Court CWJC No.8973 of 2026(2) dt.29-06-2026
                                                          3/3




                                    6. The petitioner’s claim cannot be decided here in the

                        writ jurisdiction on account of dispute being totally of private

                        nature between two private persons. Though, certain orders may

                        have been passed by the District Authority in favour of the

                        petitioner, but that does not entitle him to avail the writ

                        jurisdiction to get the order passed against the private

                        respondent.

                                    7. The proper remedy available to him is that of

                        approaching the Court of competent civil jurisdiction to get his

                        rights, title and possession over the disputed land decided by

                        adducing evidence on behalf of the rival parties and having

                        appreciated the same and examining the witnesses on record, the

                        competent        Court       of     civil      jurisdiction   may   pass

                        order/judgment/decree finally adjudicating the right, title and

                        possession of the petitioner.

                                    8. With this observation, this writ application is

                        disposed of with liberty to the petitioner to approach the proper

                        Court of competent jurisdiction to get his disputes with the

                        private respondent settled through proper court proceedings.


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

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