Surendra Rai Vs The State of Bihar — Patna HC (2026) — LawSathi Research

Surendra Rai Vs The State of Bihar — Patna HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

District Magistrate, Sheohar directed to consider the petitioner's representation, if so filed, in accordance with law, taking into consideration the pending title suit between the petitioner and private respondents 9 and 10; writ petition and any interlocutory application(s) disposed of.

Issue for consideration

Whether the respondent authorities should be restrained from constructing the Panchayat Bhawan on land bearing khata No.1460, Khesra No.5162 and Khesra No.5195, Village Amba Ojha Tola, Piprahi, Sheohar, which the petitioner contends does not belong to private respondents 9 and 10 and is disputed in a pending partition suit. +1 more

Court's answer

On the petitioner's submission that he would file a detailed representation before the District Magistrate, Sheohar, the District Magistrate, Sheohar was directed to consider the petitioner's representation, if so filed, in accordance with law, taking into consideration that a title suit is pending between the petitioner and private respondents 9 and 10.

Ratio / Principle

The pending title suit between the petitioner and private respondents 9 and 10 was expressly made a matter for the District Magistrate's consideration in dealing with the petitioner's representation.

Key takeaways

The writ petition was disposed of, and any interlocutory application(s), if any, also stood disposed of.ratio¶¶29

Detailed headnote1 paragraphs

Patna High Court (Purnendu Singh, J.), by order dated 12-01-2026, disposed of Civil Writ Jurisdiction Case No.20875 of 2025. The petitioner, Surendra Rai, had sought a writ of mandamus directing the respondent authorities to ban construction of a Panchayat Bhawan on land bearing khata No.1460, Khesra No.5162 and Khesra No.5195, Village Amba Ojha Tola, Piprahi, Sheohar, alleged to have been executed by private respondents 9 and 10 (Rajesh Kumar and Rajiv Kumar) on 16/04/2025 in the name of the Governor, State of Bihar, notwithstanding that the land was disputed in Partition Suit No.258 of 2009 pending before the learned Sub-Judge, 1st, Sheohar; he further sought disposal of his representation by reasoned and speaking order. When learned counsel stated he would file a detailed representation before the District Magistrate, Sheohar, the Court directed the District Magistrate to consider the representation, if so filed, in accordance with law, taking into consideration that a title suit is pending between the petitioner and private respondents 9 and 10. The writ petition and any interlocutory application(s) stood disposed of. No statute or precedent was cited.

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.20875 of 2025

======================================================

Surendra Rai Son of Late Harinandan Rai @ Harnandan Ray, Resident of Village- Amba Ojha Tola, P.S. and Block and Anchal-Piprahi, DistrictSheohar

... ... Petitioner/s

Versus

The State of Bihar through Principal Secretary, Panchayati Raj, Department, Bihar, Patna.

The Principal Secretary, Panchayati Raj Department, Bihar, Patna.

The District Magistrate, Sheohar.

The District Panchayati Raj Officer, Sheohar.

The Sub-divisional Officer, Sheohar, District - Sheohar.

Deputy Development Commissioner, Sheohar.

The Block Development Officer, Piprahi, District-Sheohar.

The Circle Officer, Circle-Piprahi, District-Sheohar.

Rajesh Kumar, Son of Ramjinis Rai Resident of Village- Amba Ojha Tola, P.S. and Block and Anchal- Piprahi, District-Sheohar

Rajiv Kumar, Son of Ramjinish Rai Resident of Village- Amba Ojha Tola, P.S. and Block and Anchal- Piprahi, District-Sheohar

... ... Respondent/s

====================================================== Appearance : For the Petitioner/s : Mr.Devendra Kumar, Advocate For the Respondent/s : Ms. Divya Verma, AC to AAG 3 ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER

2 12-01-2026 Heard Mr. Devendra Kumar, learned counsel

appearing on behalf of the petitioner and Ms. Divya Verma, learned AC to AAG 3 for the State.

Petitioner has inter alia prayed for following reliefs in the paragraphs No.1 of the writ petition:-

Patna High Court CWJC No.20875 of 2025(2) dt.12-01-2026 2/3

“(I) For issuance of writ in the nature of mandamus for direction to respondent authorities to ban construction of Panchayat Bhawan bearing khata No.1460, Khesra No.5162 and Khesra No.5195 land executed by private respondent nos.9 and 10 on 16/04/2025 in the name of Governor State of Bihar whereby and whereunder the approval has been granted by the respondent authorities for construction of Panchayat Bhawan appertaining to villageAmba Ojha Tola, P.S. + Block + Anchal- Piprahi, DistrictSheohar as it is not property in the name of private respondent nos.9 and 10 namely Rajesh Kumar and Rajiv Kumar though it is a disputed land for which a partition suit no.258 of 2009 is going on and pending before the learned Sub-Judge, 1^st , Sheohar.

(ii) For direction to the respondent authorities to dispose of the representation of the petitioner with reasoned and speaking order within time framed.

(iii) For any other relief/reliefs for which petitioner is entitled.”

Learned counsel appearing on behalf of petitioner seeks to file a detailed representation before the District Magistrate, Sheohar for the relief, as prayed for in the writ petition.

Considering the aforesaid specific submission made on behalf of petitioner, the District Magistrate, Sheohar is directed to consider the representation of the petitioner, if so filed, in accordance with law and will also take into consideration that a title suit is pending between the petitioner

Patna High Court CWJC No.20875 of 2025(2) dt.12-01-2026 3/3

and private respondents no.9 and 10.

The writ petition is disposed of.

Interlocutory Application(s), if any, also stands

disposed of.

(Purnendu Singh, J)

Sanjay/-

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