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Patna High Court

Punam DeviversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The petition for liberty to intervene was not granted and the petition was disposed.

Summary

Petitioner Punam Devi, widow of Late Vijay Kant Mishra, filed a writ petition seeking liberty to intervene in Title Suit No. 215 of 2016, wherein an alleged encroacher had obtained a status‑quo order from the Additional Civil Judge, Rosera. The opposite parties, represented by the Government Advocate, contended that they were not in a position to remove the encroachment and opposed the petitioner's intervention. The petitioner argued that she should be allowed to join the title suit to protect her interest in the disputed land/house. The Court examined whether a writ petition can be used to seek permission to intervene in a pending suit and noted that the status‑quo order already restrained any alteration of possession. Accordingly, the Court disposed of the petition without granting the relief sought.

Issues considered

  • Whether the petitioner can be granted liberty to intervene in the pending title suit (No. 215 of 2016) concerning the encroached land.

Subjects

  • encroachment
  • intervention
  • title suit
  • status quo
  • civil writ jurisdiction
  • land dispute

Judgment

                        IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Miscellaneous Jurisdiction Case No.2672 of 2024
                                                       In
                                 Civil Writ Jurisdiction Case No.543 of 2024
                 ======================================================
                 Punam Devi Wife of Late Vijay Kant Mishra, resident of Village- Dath, Ward
                 No.1, P.S.- Hasanpur, District- Samastipur (Bihar).

                                                                           ... ... Petitioner/s
                                                  Versus
           1.    The State of Bihar through Brijesh Mahrotra Principal Secretary, Revenue
                 Department, Bihar, Patna.
           2.    Sri Yogendra Singh the District Magistrate, Samastipur.
           3.    Ashok Choudhary, Sub- Divisional Officer, Rosera, Samastipur.
           4.    Honey Gupta, The Circle Officer, Hasanpur, Samastipur.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Mr.Ghanshyam Choudhary, Advocate
                 For the Opposite Party/s :    Government Advocate- 5
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
                                       ORAL ORDER

3   18-03-2026             Admittedly the alleged encroacher has filed a title suit

                   bearing Title Suit No. 215 of 2016 before the Ld. Court of

                   Additional Civil Judge (J.D.), Rosera (Samastipur) wherein

                   vide order dated 27.09.2024, an order has been passed, directing

                   to maintain status quo qua the land/house of the alleged

                   encroacher in question, hence it is submitted by the Ld. Counsel

                   for the opposite parties that they are not in a position to proceed

                   for removal of the encroachment in question.

                   2.      In view of the aforesaid, the Ld. Counsel for the petitioner

                   seeks liberty on behalf of the petitioner to intervene in the

                   aforesaid title suit bearing Title suit No. 215 of 2016, if the law
         Patna High Court MJC No.2672 of 2024(3) dt.18-03-2026
                                                     2/2




                   so permits.

                   3.      Accordingly, the present petition stands disposed off.



                                           (Mohit Kumar Shah, J)
S.Sb/-

U


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