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Patna High Court

Raj Kumar RamversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The writ petition is not maintainable and is disposed of, allowing the petitioner to seek relief through a civil suit.

Summary

Petitioner Raj Kumar Ram filed a writ petition under Article 226 of the Constitution seeking declaration of his title to land he claims to have purchased in 2015, despite the land having been acquired by the State in 2013. He later prayed for withdrawal of the writ so that the dispute could be decided by a civil suit in a competent court. The respondents, including the State of Bihar, district authorities, and the National Highway Authority of India, contended that the writ was not maintainable as it raised factual disputes and was misconceived. The Court noted that the petitioner’s own request to withdraw indicated the appropriate remedy lay in a civil suit, not writ jurisdiction. Consequently, the Court disposed of the writ application, granting the petitioner liberty to pursue his claim in a regular civil proceeding, while leaving any limitation issues to be considered by the appropriate authority.

Issues considered

  • Whether the writ petition under Article 226 is maintainable when it involves factual disputes regarding land title.
  • Whether the petitioner is required to pursue his claim through a civil suit rather than writ jurisdiction.
  • Whether limitation can be raised before the competent authority in the context of the writ.

Legislation cited

Subjects

  • writ jurisdiction
  • Article 226
  • land acquisition
  • civil suit
  • withdrawal of writ
  • limitation

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.9856 of 2026
                 ======================================================
                 Raj Kumar Ram S/o- Sukhiram, R/o- Village- Lachatola, P.S.- Muffasil Arah,
                 District- Bhojpur.
                                                                          ... ... Petitioner/s
                                                    Versus
           1.     The State of Bihar through the Principal Secretary, Revenue and Land
                  Reform Department, Old Secretariat, Patna.
           2.    District Magistrate, Collectorate Campus, Near Ramna Maidan, Arah,
                 District- Bhojpur, Pin Code- 802301.
           3.    Competent Authority cum DCLR (Deputy Collector Land Reform), Sub
                 Divisional Office Permises, Jagdishpur, District- Bhojpur, Pin Code-
                 802158.
           4.    District Land Acquisition Officer, Collectorate Campus, Near Ramna
                 Maidan, Arah, District- Bhojpur, Pin Code- 802301.
           5.    National Highway Authority of India, Through its Chairman, G-5 and G-6,
                 Sector-10, Dwarka, New Delhi, Pin Code- 110075.
           6.    Regional Officer of NHAI (National Highway Authority of India), Classicon
                 Shivmitra Apartment, Block-B, 1st Floor, Vivekanand Marg, Boaring Road,
                 Patna-800013.
           7.    Pappu Pandey, S/o Late Tej Narayan Pandey, R/o Village- Sahpur, P.O-
                 Bihiyan, P.S- Sahpur, District- Bhojpur.
           8.    Brindavan Pandey, S/o Late Tej Narayan Pandey, R/o Village- Sahpur, P.O-
                 Bihiyan, P.S- Sahpur, District- Bhojpur.
           9.    Jiut Pandey, S/o Late Tej Narayan Pandey, R/o Village- Sahpur, P.O-
                 Bihiyan, P.S- Sahpur, District- Bhojpur.
           10. Shrawan Pandey, S/o Late Tej Narayan Pandey, R/o Village- Sahpur, P.O-
                Bihiyan, P.S- Sahpur, District- Bhojpur.
                                                                   ... ... Respondent/s
               ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr. Deovind Kumar Singh, Adv.
                 For the Respondent/s   :      Mr. Sanjay Kumar, AC to GP-23
                 For the NHAI           :      Dr. Maurya Vijay Chandra, Adv.
                                               Ms. Preety Ranjan, Adv.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RANA VIKRAM SINGH
                                       ORAL ORDER

2   07-07-2026                 Heard the learned counsel for the parties.

                               2. At the very outset, learned counsel for the petitioner

                   Mr. Deovind Kumar Singh prays for withdrawal of the writ

                   application in order to get his title decided by filing an
          Patna High Court CWJC No.9856 of 2026(2) dt.07-07-2026
                                                      2/2




                    appropriate suit before the competent Court of civil jurisdiction.

                    Since his claim of being purchaser of a land, in the year 2015 on

                    the strength of a registered sale deed, which has already been

                    acquired in the year 2013 itself, cannot be decided in the writ

                    jurisdiction as it involves disputed question of facts of myriad

                    nature.

                                3. Dr. Maurya Vijay Chandra, learned counsel

                    appearing on behalf of N.H.A.I. and Mr. Sanjay Kumar, learned

                    A.C. to G.P. 23 have forcefully submitted that writ application

                    is not maintainable on account of it being wholly misconceived.

                                4. Since the petitioner has himself prayed for

                    withdrawal of writ application to avail the proper remedy

                    available to him in the law, this writ application is disposed of

                    with aforesaid liberty to the petitioner.

                                5. It goes without saying that if any question of

                    limitation arises before the competent authority, the same shall

                    be considered taking into consideration the fact that the

                    petitioner was pursuing the issue before this Court under Article

                    226 of the Constitution of India.



                                            (Rana Vikram Singh, J)
Rupa/Supratim-

U


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