Created by Fuzzy Cloud

Patna High Court

Rana Pratap Sinha @ Rana JiversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court held that the writ petition must be disposed of because the matter is sub judice before the District Judge and the appropriate remedy is to await the outcome of the pending Title Appeal.

Summary

The petitioner, Rana Pratap Sinha, sought a writ of mandamus directing the revenue authorities to determine and fix rent for several parcels of land after a title suit (No. 97 of 2019) was decided in his favour. He alleged that despite a letter from the Deputy Collector Land Reforms directing the Circle Officer to act, no rent fixation was made. The respondents argued that a Title Appeal (No. 28 of 2025) is pending before the District Judge and that the writ petition must await the outcome of that appeal. The court noted that the appeal is a substantive proceeding that must be taken to its logical conclusion before any writ can be issued. Consequently, the court disposed of the writ petition, directing the petitioner to pursue relief through the pending appeal.

Issues considered

  • Whether a writ of mandamus can be issued to compel the revenue authorities to fix land rent after a title suit has been decided in favour of the petitioner.
  • Whether the pendency of Title Appeal No. 28 of 2025 bars the issuance of the writ.
  • Whether the petitioner is entitled to any other relief pending the resolution of the appeal.

Subjects

  • writ of mandamus
  • land rent fixation
  • revenue law
  • title suit
  • appeal pending
  • civil writ jurisdiction
  • land reforms

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Civil Writ Jurisdiction Case No.9260 of 2025
                 ======================================================
                 Rana Pratap Sinha @ Rana Ji Son of Late Rameshwar Prasad @ Budhan Ji,
                 Resident of Village and P.O. and P.S.- Jagdishpur, District- Bhojpur.

                                                                               ... ... Petitioner/s
                                                    Versus
           1.    The State of Bihar through the Collector, Bhojpur, Ara.
           2.    The Collector Bhojpur, Ara.
           3.    The Deputy Collector Land Reforms, Jagdishpur, Bhojpur.
           4.    The Circle Officer Jagdishpur, Bhojpur.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :        Mr. Ravindra Kumar, Adv.
                 For the Respondent/s   :        Mr. Government Pleader (11)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

3   21-04-2026                   Heard Mr. Ravindra Kumar, learned counsel for the

                   petitioner and the State.

                               2. The present application has been preferred:

                                                      for issuance of writ of mandamus
                                            directing the respondents to determine and
                                            fix rent of the land having new Khata No.-
                                            884, new Khesra No.-2301 area 0110 hectare
                                            and new Khesra No.-2302 area 10 hectare
                                            and new Khata No.-883, new Khesra No.-
                                            2209 area 0.1870 hectare as mentioned in
                                            the judgment dated 05.12.2019 and decree
                                            dated 06.12.2019 passed in Title Suit No.97
                                            of 2019 as despite the report of employee
                                            (Karamchari) and order of Deputy Collector
                                            Land Reforms, Jagdishpur to the Circle
Patna High Court CWJC No.9260 of 2025(3) dt.21-04-2026
                                            2/3




                                 Officer, Jagdishpur to determine and fix the
                                 land rent in the name of petitioner has not
                                 been done and for issuance of other
                                 appropriate         writs/writs,   orders/orders,
                                 direction/directions, for which the petitioner
                                 would be found entitled under the facts and
                                 circumstances of the case.
                      3.    The details of the land stands incorporated in

          paragraph 1 of the petition. It was recorded in the name of the

          grandfather of the petitioner namely, Bindhyachal Rai and when

          there was interference by the State of Bihar, the petitioner

          preferred Title Suit No. 97 of 2019 (Rana Pratap Sinha vs. State

          through Collector). It came to be disposed of on 05.12.2019 and

          the Title was decided in favour of the petitioner (Annexure- P/2

          to the petition).

                      4. Thereafter, the petitioner moved before the

          respondent authorities and the contention is that the Deputy

          Collector Land Reforms, Jagdishpur took cognizance of the fact

          and vide letter no. 1601 dated 09.09.2024, directed the Circle

          Officer, Jagdishpur to do the needful in accordance with law and

          as per the documents on record (Annexure- P/5 to the petition).

                      5. As the revenue authorities chose to look the other

          way, the writ petition.

                      6. A counter affidavit has come on behalf of the
           Patna High Court CWJC No.9260 of 2025(3) dt.21-04-2026
                                                       3/3




                     respondents and now their contention is that the Title Appeal

                     No. 28 of 2025 has been preferred before the learned District

                     Judge, Bhojpur, Ara and the petitioner has to wait till a decision

                     comes in the said appeal.

                                 7. Considering the development that has taken place

                     after filing of the writ petition inasmuch as the State respondents

                     have preferred the Title Appeal, the same has to be taken to its

                     logical conclusion.

                                 8. Learned counsel for the petitioner submits that he

                     shall be appearing in the case and will do the needful to see to it

                     that the order passed in Title Suit No. 97 of 2019 is upheld.

                                 9. Granting said liberty to contest the Title Appeal No.

                     28 of 2025, if it crosses the barrier of delay in filing the appeal/

                     the limitation petition filed by the State respondents, the writ

                     petition is disposed of.



                                                   (Rajiv Roy, J)
Vijay Singh/-

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.