Patna High Court

Kameshwar YadavversusThe State of Bihar through the Collector,

Decided: 23 February 2026
Disposal: DISPOSED
Bench: THE CHIEF JUSTICE HARISH KUMAR

Holding

The Court held that construction on the disputed land must be stayed pending the final decision of the pending Title Appeal No. 20 of 2024, and ordered the lower court to expedite that appeal.

Summary

The writ petitioners, a group of Yadavs, challenged the Collector's order allowing construction of a Registry Office on land they claim under a title decree dated 23‑08‑2024. They sought quashing of the order, maintenance of status quo, restoration of possession, and compensation. The Single Judge noted that the Collector had accepted that the pending Title Appeal No. 20 of 2024 would determine the parties' rights and that construction was already underway. Since the appeal was sub‑judice, the Court directed the District & Additional Sessions Judge to expedite the hearing of the Title Appeal and to dispose of it by the end of April 2026. The Court further ordered that no further construction proceed until the appeal’s final decision, and the Letters Patent Appeal was consequently disposed of.

Issues considered

What is the effect of the pending Title Appeal No. 20 of 2024 on the Collector's order permitting construction on the disputed land?
Should the status quo be maintained and construction halted pending the outcome of the appeal?
Is the State liable to pay compensation to the petitioners for alleged illegal construction?

Subjects

property dispute
title suit
construction stay
letters patent appeal
status quo
compensation
sub judice

Judgment

IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.261 of 2025
In
Civil Writ Jurisdiction Case No.2381 of 2025
======================================================
1. Kameshwar Yadav S/o Dhaneshwar Yadav, R/o Village - Manikpur, Ward
No. 01, P.S. - Madhepura, District- Madhepura.
2. Surendra Yadav S/o late Dhaneshwari Mandal Resident of Village Manikpur,
P.S. - Madhepura, District - Madhepura.
3. Ashok Yadav @ Paltu Yadav S/o late Dhaneshwari Mandal Resident of
Village Manikpur, P.S. - Madhepura, District - Madhepura.
4. Kuleshwar Yadav S/o late Dhaneshwari Mandal Resident of Village
Manikpur, P.S. Madhepura, District- Madhepura, Bihar.
5. Rajendra Prasad Yadav @ Rajendra Yadav, S/o late Dhaneshwari Mandal
Resident of Village - Manikpur, P.s. - Madhepura, District- Madhepura.
6. Most. Shanti Devi W/o Late Dinesh Yadav, Resident of Village Manikpur,
P.S. - Madhepura, District- Madhepura, Bihar.
7. Deepak Kumar S/o Late Didnesh Yadav, Resident of Village - Manikpur,
P.S. - Madhepura, District- Madhepura, Bihar.

... ... Appellant/s
Versus
1. The State of Bihar through the Collector, Madhepura.
2. District Magistrate, Madhepura.
3. The Circle Officer, Madhepura.
4. The Executive Engineer, Building Construction Department, Madhepura.
5. The Junior Engineer, Building Construction Department, Madhepura.
6. The Station House Officer (SHO), Madhepura.

... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Arun Bharti, Advcate
For the Respondent/s : Mr. Addl. Advocate General (12)
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER

(Per: HONOURABLE THE CHIEF JUSTICE)

4 23-02-2026 The Letters Patent Appeal has been filed by the writ

petitioner, Kameshwar Yadav and others, challenging the order
Patna High Court L.P.A No.261 of 2025(4) dt.23-02-2026
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dated 20.02.2025, passed by the learned Single Judge in

C.W.J.C. No. 2381 of 2025.

2. The writ petition was filed, seeking for following

relief(s):-

“a. Quashing the Order dated 29.11.2024
passed by Ld. Collector, Madhepura in
Sanchika No. VII-320/24 whereby, the
representation dated 02.09.2024 submitted
by the Petitioner for stopping the work of
construction of Registry Office, Madhepura,
has been rejected.
b. Directing the Respondent Authorities to
maintain the status quo over the land in
question till pendency of litigation between
the parties before Civil Court of Competent
Jurisdiction.
c. Directing the Respondent Authorities to
restore a status quo ante honoring the
judgment and decree dated 23.08.2024 and
31.08.2024, passed by Ld. Subordinate
Judge, Madhepura in Title Suit No. 134 of
2023.
d. Pay compensation of Rs.10 Lakhs for the
mental and physical agony caused to the
petitioners due to illegal act of the
respondent authorities.
e. Any other relief/reliefs for which the
Petitioners is deemed entitled for.”

3. During pendency of the writ petition,

supplementary affidavit has also been filed by the writ
Patna High Court L.P.A No.261 of 2025(4) dt.23-02-2026
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petitioners wherein, it is stated as follows:-

“3. That it has already been mentioned in
Paragraph no.16 of writ petition that the
petitioner has filed Civil Miscellaneous Case
no. 84/2025 before this Hon'ble Court
challenging the order dated 13.11.2024
passed by Ld. Principal District Judge,
Madhepura, in Title Appeal No. 20/2024
(arising out of title Suit no.134/2023)
whereby the operation of judgment and
decree dated 23.08.2024 passed in Title Suit
no. 134/2023 was stayed.
4. That during pendency of the present writ
application, the above mentioned Civil Misc.
case no.84/2024 was taken up for
consideration before a co-ordinate bench of
this Hon'ble bench on 05.02.2025.
5. That upon hearing the parities in C.Misc.
case No. 84/2025, this Hon'ble Court vide
order dated 05.02.2025 has been pleased to
set aside the order dated 13.11.2024 passed
in Title Appeal No.20/2024 by Ld. Principal
District Judge, Madhepura whereby the
operation of Judgment and decree dated
23.08.2024 passed in Title Suit no. 134/2023
was stayed. It is important to emphasize here
that said order has been passed on consent
of the counsel appearing for the State, upon
instruction from the Respondents
Authorities.
6. That it is pertinent to mention here that as
on date, the Title of the disputed land subsist
in favour of the Petitioners on the basis of
judgment and decree dated 23.08.2024
Patna High Court L.P.A No.261 of 2025(4) dt.23-02-2026
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passed by ld. Subordinate Judge I,
Madhepura, in Title Suit no. 134/2023
7. That ignoring all the above mentioned
facts, the Respondent Authorities are still
continuing with the construction of registry
office over the disputed land, causing
prejudice to the Petitioners herein.”

4. The learned Single Judge after considering the

submissions of the learned counsel for the writ petitioners so

also the learned counsel for the State particularly, the

submission of the learned counsel for the State regarding the

pendency of Title Appeal No. 20 of 2024 and that any

construction on the disputed land shall be subject to the final

decision of the said appeal which has also been accepted by the

Collector, Madhepura, has been pleased to observe in the

operative part, as follows:-

“7. From the pleadings of the parties, it
transpires to this Court that Collector,
Madhepura, hereby accepts that he shall be
binding by the decision of Title Appeal No.20
of 2024. Counsel for the State submits that
from the supplementary affidavit, it
transpires that construction of Registry
Office, Madhepura, is in full swing and
foundational pillar as well as boundary has
been completed.
8. After hearing the parties, it transpires to
this Court that the right to property is not the
fundamental right; rather it is a
Patna High Court L.P.A No.261 of 2025(4) dt.23-02-2026
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constitutional right and if the State
representative is ready to accept the decision
of the Title Appeal, then in that case this
Court only observes that in case the Title
Appeal shall decide in favour of the
petitioners, then in that case the
respondent/State shall pay the compensation
amount to the petitioners on the basis of the
price of the land on the date of the judgment
of the title appeal with 6% interest per
annum from the date of judgment passed in
the title suit.”

5. It is stated at the bar that Title Appeal No. 20 of

2024 is now sub judice in the Court of learned District &

Additional Sessions Judge- VIII, Madhepura and the parties

have already entered their appearance.

6. In view of such submission advanced, primarily the

submission of the learned counsel for the State that the

construction on the disputed land shall be subject to the final

decision of the Title Appeal No. 20 of 2024, and the

construction of the Registry Office, Madhepura is going on and

the foundation pillar and boundary has already been completed,

we direct the learned District & Additional Sessions Judge VIII,

Madhepura to expedite the hearing of Title Appeal no. 20 of

2024.

7. Both the learned counsel submit that they will not
Patna High Court L.P.A No.261 of 2025(4) dt.23-02-2026
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seek for any adjournment and shall cooperate with the learned

Appellate Court for disposal of the Appeal at an earliest.

8. In view of such submission, the learned Appellate

Court shall do the needful to dispose of the Appeal by the end of

April, 2026.

9. Accordingly, the Letters Patent Appeal stands

disposed of.

10. Let a copy of the order be forwarded to the

concerned Court immediately. The learned counsel for the

appellants shall also produce the certified copy of the same

before the concerned court.

(Sangam Kumar Sahoo, CJ)

(Harish Kumar, J)
guddukr/-

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