Patna High Court
Tilo Paswan and OrsversusThe State Of Bihar and Ors
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The High Court held that the writ petition must be dismissed as the matter is subjudice in the pending title suit and can be decided therein.
Summary
The petitioners, sons of the late Dukha Paswan, filed a writ petition seeking an order restraining various state officials from disturbing their possession of land that is the subject of Title Suit No. 161 of 2004 pending before the Sub Judge‑IV, Saharsa, and also to stop construction work on the suit land. The petition alleged that the respondents were interfering with their possession despite the pending suit. The High Court observed that the dispute is already subjudice in the civil suit and that any grievance can be adjudicated by that court. Consequently, the Court held that it was not appropriate to grant interim relief through a writ. The petition was therefore disposed of without granting any relief.
Issues considered
- Whether the High Court can grant an interim injunction restraining respondents from disturbing possession of land that is already the subject of a pending civil suit
- Whether the writ petition is maintainable when the same relief can be sought in the pending Title Suit No. 161 of 2004
Subjects
- interim injunction
- writ petition
- subjudice
- title suit
- possession
- civil procedure
- stay order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.9402 of 2018
======================================================
1. Tilo Paswan Son of Late Yadu Paswan
2. Ram Tahal Paswan
3. Binda Paswan
4. Chandeshwari Paswan
5. Khokha Paswan All 2 to 5 sons of Late Dukha Paswan Resident of Village
P.O. - Bijalpur, P.S. - Bihra, District - Saharsa.
... ... Petitioner/s
Versus
1. The State Of Bihar.
2. The Divisional Commissioner, Kohsi Division, Saharsa.
3. The District Magistrate-cum-Collector, Saharsa.
4. The District Animal Husbandary Officer, Saharsa.
5. The Sub Divisional Magistrate, Saharsa, District - Saharsa.
6. The Deputy Collector, Land Reforms, Saharsa, District - Saharsa.
7. The Circle Officer, Sattan Kataiya, District Saharsa.
8. The Officer-in-Charge of Bihra Police Station, District - Saharsa.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bam Bahadur Jha, Advocate
For the Respondent/s : Mr. Raj Kishore Roy -GP-18
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 27-02-2026 Heard the parties.
2. The present petition has been preferred for the
following relief(s):
“for commending the respondents not to
disturb the possession over the land which is under
subjudice in T.S. No. 161/2004, pending in the
court of learned Sub judge-IV, Saharsa. This writ
Patna High Court CWJC No.9402 of 2018(2) dt.27-02-2026
2/2
application is also being filed for issuance a
direction to the respondents to stop the
construction work over the suit land of the
petitioners, for which the representation has been
filed on 26.04.2018 before the respondent collector,
Saharsa. This writ application is also being filed
for other reliefs as well.”
3. The prayer itself shows that a Title Suit No. 161 of
2004 is pending before an appropriate Court at Saharsa.
4. All the grievance that the petitioners may have, can
very well be taken up and adjudicated by the concerned Court in
Title Suit No. 161 of 2004.
5. With the aforesaid observation, the writ petition
stands disposed of.
(Rajiv Roy, J)
Adnan/-
U
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