The Patna High Court dismissed a writ petition challenging orders affirming a Basgit Parcha. The Bench held the dispute was purely titular and pending before civil courts, observing no illegality in the impugned orders, and noted the petitioners lacked clean hands.
The writ petition challenging the impugned orders regarding the Basgit Parcha is 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.11223 of 2022
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... ... Petitioner/s
Versus
... ... Respondent/s
====================================================== Appearance : For the Petitioner/s : Mr. Shekhar Kumar Singh, Adv. For the Respondent/s : Mr. AC to GP-18 ======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL JUDGMENT
Date : 28-04-2026
The present writ application, under Article 226 of
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the Constitution of India, has been filled seeking following relief(s):
(i) For issuances of writ/writs, order/orders, direction/directions in the nature of certiorari for quashing the impugned order dated 21.10.2021 passed by Sanjay Priya, the Hon'ble the Chairman of the Bihar Land Tribunal, Patna passed in B.L.T. Case no.280 /2019 (Mohan Pandit and others Vrs. The State of Bihar and others) whereby and where under the B.L.T. Case no.280/2019 filed by the petitioner and others have been dismissed and affirming the impugned order dated 5.1.2019 passed by the learned Collector, Madhepura passed in Basgit Parcha Revisional Case no.10/2017 by which he has affirm the order passed in Basgit Parcha case no.428/1973-74 has also been affirm and directed the petitioner will be a liberty to file the civil suit before the competent of Civil Court to declaration of right, title and possession over the disputed land.
(ii) For further the petitioner has challenging the order impugned dated 5.1.2019 passed in Basgit Parcha Revision Case no.10/2017( Mohan Pandit and another Vrs. Yogendra Pandit and others) passed by the District Magistrate cum-Collector Madhepura in which the Basgit Parcha Revision Case no.10 /2017 filed by the petitioner and others has been rejected and affirming the Basgit Parcha case No.428/1973-74 issued on dt.17.2.1975 issued by the Circle Officer, Udakishunganj, District Madhepura in which the petitioners praying for set-aside the Basgit Parcha revision case no.10/2017 passed under order dated 5.1.2019 may be quashed.
(iii) For further the petitioner seeking the quashing action the Basgit Parcha case no.428/1973-74 issued on dated 17.2.1975 issued by the Circle Officer, Udakishunganj, District Madhepura in favour of the
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respondent no.7 may kindly be quashed.
(iv) For further any other relief/reliefs, order/orders, direction/directions, may deem fit and proper in the facts and circumstances of this case.
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namely, Late Sokhi/Saukhi Pandit, the petitioners came in possession of the said land and were enjoying the peaceful possession thereof. It has next been submitted that the petitioners were paying the rent of the said land and receipts were received by them regularly from the Government. It has further been submitted that respondent No. 8 tried to dispossess them while there is already a Jamabandi , bearing No. 561, in favour of Late Sokhi/Saukhi Pandit. It has next been submitted that all the heirs of Thethari Devi, the wife of Late Sahdeo Pandit, came over the land and they threatened the petitioners to dispossess them.
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submits that respondent No. 8 does not fall within the category of “Privileged Person” because he has got Khatiyani land, which is of 32 decimals before Basgit Parcha Case No. 428/19731974. It has next been submitted that on 12.06.2015, petitioner Nos. 3 and 4 received notice of Misc. Case No. 483/2015 under Section 144 of the Code of Criminal Procedure, 1973 (in short the Cr.P.C.) , which was issued by the S.D.M. Udakishunganj, District - Madhepura in respect of the said land with a direction to the petitioners to file their show-cause notice in respect to the said land under Mauja-Mohanpur, Nisph, Thana No. 227, Khata No. 561, Khesra Nos. 1810 and 1811, Area 3 decimals, bounded as North - Yogendra Pandit, South - Gani Pandit, East - Yogendra Pandit and West - Khesra No. 1810, which is the part land of Schedule No. ‘A’. The petitioners obtained the certified copies of the entire order-sheets of Misc. Case No. 483/2015 under Section 144 Cr.P.C. and then they got knowledge about the claim of respondent No. 8 in respect of Case No. 428/197374.
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Collector, Madhepura dismissed the said revision application on 05.01.2019.
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Collector-cum-District Magistrate, Madhepura dated 05.01.2019, the petitioners moved before the Bihar Land Tribunal, Patna (in short the B.L.T., Patna) vide B.L.T. Case No. 280/2019, in which, the B.L.T, Patna, after hearing both the parties, affirmed the order passed by the Collector-cum-District Magistrate and dismissed the petition on 21.10.2021.
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land in question. It is mentioned in the order of the learned Collector-cum-District Magistrate, Madhepura that the families of Parcha holders are residing over the Parcha land after constructing their houses. The rent receipt(s) has also been issued with respect to the aforesaid land of Parcha holder vide Jamabandi No. 272 in the name of Thethri Devi till 2015-16. The B.L.T., Patna has mentioned in the order that submission was made before it on behalf of the Parcha holder that a Panchayati was held with respect to the disputed land on 07.04.2015 and 12.04.2015 by the village Panches, whereby the Basgit Parcha land was measured and demarcated. The aforesaid Panchnama bears signatures of the petitioners also. The petitioners have also filed Title Suit No. 47 of 2016 before the learned Sub-Judge-I, Madhepura, which was initially pending, but in the supplementary affidavit filed on behalf of the petitioners before the Tribunal, during the course of the hearing, it has been stated that the Title Suit has been dismissed for default by the learned Sub-Judge-I, Madhepura vide order dated 19.07.2017.
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the learned counsel for the petitioners showed his inability, which further cast shadow over the credibility of such document, as some over-writing was apparent on the same.
(Sourendra Pandey, J)
Praveen-II/-
| AFR/NAFR | NAFR |
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| CAV DATE | N/A |
| Uploading Date | 01.05.2026 |
| Transmission Date | N/A |
2 issues framed by the court
Whether the writ petition has sufficient merit to interfere with the dismissal order of the Bihar Land Tribunal regarding the Basgit Parcha case.
Whether the dispute regarding the title of the land is a matter suitable for civil adjudication rather than writ intervention.
3 provisions across 3 enactments
Janardan Pandit
Chandeshwari Pandit
Gannilal Pandit
Mukesh Pandit
The State of Bihar
Yogendra Pandit
Sourendra Pandey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
