The Patna High Court dismissed a writ petition challenging dispossession from land. The court held that determining possession and title is a question of fact suitable only for civil adjudication, not review under Article 226.
The writ petition was dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.15111 of 2018
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Beni Madhav Kanu @ Benimadhav Shah Son of Late Shiv Poojan Kanu Resident of Village Shahpur, Post Office Police Station - Shahpur, District - Bhojpur.
... ... Petitioner
Versus
... ... Respondents
====================================================== Appearance : (In Civil Writ Jurisdiction Case No. 15111 of 2018) For the Petitioner : Mr.Gopal Govind Mishra For the Respondent State: Mr.W.A.Khan, AC to SC-25 For the Respondent Nos. 8-10 : Mr. Shatendra Kumar Singh Mr. Pushpendra Kr. Singh
====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH
ORAL ORDER
5 02-07-2019 The dispute relates to Plot bearing Khata No. 331, Khesra No. 6258, admeasuring 5.71 decimals and Khata No. 1521, Khesra No.6257, admeasuring 8.21 decimals in Mauza Shahpur.
A communication dated 16.02.2018 addressed to the Circle Officer, Bhojpur has been challenged in the present writ
Patna High Court CWJC No.15111 of 2018(5) dt.02-07-2019 2/2
application, though the said document has been described as an order passed by the Circle Officer, which it is not.
It is the case of the petitioner that steps, which are not authorized, are being taken for handing over possession of the land in favour of the private respondent No.11, which is in possession of the petitioner. It is the petitioner’s case that on the strength of an order passed by the Deputy Collector Land Reforms in a Bihar Land Dispute Redressal proceeding, which came to be subsequently set aside by the appellate authority, the petitioner has been dispossessed from the land in question.
It seems that a title suit was filed in respect of the land in question by the petitioner’s brother, which has been dismissed by learned Munsif, Jagdishpur, against which title appeal is pending. The question whether the petitioner was in possession or not is a question of fact, which cannot be adjudicated upon in the present proceeding under Article 226 of the Constitution of India.
This writ application is accordingly dismissed.
(Chakradhari Sharan Singh, J)
Pawan/-
U
2 issues framed by the court
Whether the question of possession and title is triable under Article 226 of the Constitution of India.
Whether the writ court can adjudicate on facts regarding possession pending in a title suit.
1 provisions across 1 enactments
Beni Madhav Kanu
State Of Bihar
District Magistrate cum Collector, Bhojpur
Addl. District Magistrate, Bhojpur
Addl. District Magistrate cum Collector (Respondent No. 10)
Ganesh Prasad Singh
Chakradhari Sharan Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
