Disposed¶82

Manoj Kumar Sharma and Ors. v. The State Of Bihar and Ors.

Patna HC13 Jan 2026CWJC/23117/2018

Case brief

AI extract

What is this about?

Keywords: Bihar Land Tribunal (BLT); B.L.T. Act, S.14; Jamabandi; CWJC Nos. 23117, 23031, 23611 of 2018; order dated 9.7.2018 in B.L.T. Case No.320/2013; S.D.M. Bhagalpur order dated 25.4.2003 in Misc. Case No. 883/02 declared void; Title Suit No. 73 of 2010 pending before Civil Court, Bhagalpur; writ petitions disposed of with observation that suit proceed to logical conclusion uninfluenced by BLT order/observations; bench: Rajiv Roy, J.; no quantum involved.

What did the court decide?

No substantive relief; the writ petitions (and any interlocutory applications) stood disposed of with the observation that the pending Title Suit No. 73 of 2010 be taken to its logical conclusion without being influenced by any order/observation of any Court, much less the BLT. ¶82

Manoj Kumar Sharma and Ors. Vs The State Of Bihar and Ors. — Patna HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether certain observations made by the Bihar Land Tribunal while disposing of the petition in B.L.T. Case No. 320/2013 may affect the outcome of the pending Title Suit No. 73 of 2010 concerning the land in question. +1 more

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Court's answer

Where Title Suit No. 73 of 2010 is pending before the competent Civil Court, Bhagalpur and the parties have already appeared, the suit has to be taken to its logical conclusion without being influenced by any order or observation made by any Court, much less the Bihar Land Tribunal (BLT).

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Detailed headnote1 paragraphs

Patna High Court (Rajiv Roy, J.), by order dated 13-01-2026, disposed of Civil Writ Jurisdiction Cases Nos. 23117, 23031 and 23611 of 2018, in which the petitioners challenged the order dated 9.7.2018 passed in B.L.T. Case No.320/2013 by the Chairman, the Bihar Land Tribunal, Patna. Acting under S.14 of the B.L.T. Act, the Tribunal had declared 'without jurisdiction and void' the order dated 25.4.2003 of the learned S.D.M., Bhagalpur in Misc. Case No. 883/02, and directed that the Jamabandi of the land in question as it existed before 25.4.2003 be maintained, subject to the final judgment and decree in the pending title suit. The petitioners contended that the Tribunal's order was contrary to law and beyond the scope of Section 14, particularly since T.S. No. 73/2010 was already pending before the competent Civil Court, Bhagalpur. Learned State counsel pointed out that the title suit was live and the parties free to adduce evidence; senior counsel for the petitioners conceded readiness to contest the suit but feared the BLT's observations might affect its outcome. Holding that a pending suit before the competent Civil Court, with parties already appearing, must be carried to its logical conclusion without being influenced by any order or observation of any Court, much less the BLT, the Court disposed of the writ petitions and interlocutory applications with that observation.

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.23117 of 2018

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Manoj Kumar Sharma and Ors Son of Sri Shankar Thakur Resident of Mohall- Pani Tanki, near Central Jail, Tilka Manjhi, p.s. Zero Mile, Distt. Bhagalpur.

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Md. Shahid Son of Md. Abbas Haidar Resident of Mohalla- bari Khanjarpur Masjid Lane, P.s. barari,distt. Bhagalpur.

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Pramod Prasad Son of Late Ganesh Prasad Rai Resident of Mohala- Mishra Tola, Bari Khanjarpur, P.s. Barari, Distt. Bhagalpur.

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Raj Kishor Kumar Ray Son of Bhim Ray Resident of village- Kadua Pratap Nagar, P.s. Naugachia, Distt. Bhagalpur.

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... ... Petitioner/s

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Versus

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1. The State Of Bihar. 2. The Collector, Bhagalpur 3. The Additional Colelctor, Bhagalpur 4. The S.D.M., Sadar, Bhagalpur. 5. The Deputy Collector, Land Reforms, Bhagalpur, Distt. Bhagalpur. 6. The Circle Officer, Nath Nagar, Distt. Bhagalpur. 7. Krishana Nand Singh 8. Sahja nand Singh Both sons of Late Vakil Singh 9. Vyas Mani Singh 10. Sita Ram Singh 11. Abhaya Nand Singh 12. Nageshwar Prasad Singh All 9 to 12 sons of Late Surya Narain Singh All 7 to 12 residents of village shahpur, p.s. Nathnagar, Distt. Bhagalpur.

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... ... Respondent/s

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with Civil Writ Jurisdiction Case No. 23031 of 2018 ======================================================

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Chhavi Narayan Singh son of Late Saudagar Singh resident of VillageSupour Jamuar, P.S. Sangrampur, District- Munger.

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Yashwant Kumar Singh son of Late Ugra Mohan Singh resident of VillageSupour Jamuar, P.S. Sangrampur, District- Munger.

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Arun Kumar Singh son of Late Ugra Mohan Singh resident of VillageSupour Jamuar, P.S. Sangrampur, District- Munger.

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Rekha Singh W/o Late Anand Singh resident of Janta R.O. House 117, Near Bhola Akhohra, P.S. Adityapur, District- Saraikela (Kharsama) (Jharkhand).

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... ... Petitioner/s

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Patna High Court CWJC No.23117 of 2018(4) dt.13-01-2026 2/7

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Versus

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The State Of Bihar.

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The Collector, Bhagalpur

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The Additional Collector Bhagalpur.

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The S.D.M. Sadar Bhagalpur.

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The Deputy Collector, Land Reforms Bhagalpur, District- Bhagalpur.

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The Circle Officer, Nath Nagar District- Bhagalpur.

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Krishna Nand Singh son of Late Vakil Singh resident of Village- Shahpur, P.S. Nathnagar, District- Bhagalpur.

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Pushkar Kumar son of Late Sailja Nand Singh resident of Village- Shahpur, P.S. Nathnagar, District- Bhagalpur.

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Bhashkar Kumar son of Late Sailja Nand Singh resident of Village- Shahpur, P.S. Nathnagar, District- Bhagalpur.

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Shankar Kumar son of Late Sailja Nand Singh resident of Village- Shahpur, P.S. Nathnagar, District- Bhagalpur.

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Vyas Mani Singh son of Late Surya Narain Singh resident of VillageShahpur, P.S. Nathnagar, District- Bhagalpur.

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Gauri Devi Wife of Late Sita RAm Singh resident of Village- Shahpur, P.S. Nathnagar, District- Bhagalpur.

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Prabhat Kumar Singh son of Late Sita Ram Singh resident of VillageShahpur, P.S. Nathnagar, District- Bhagalpur.

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Prabhash Kumar Singh son of Late Sita Ram Singh resident of VillageShahpur, P.S. Nathnagar, District- Bhagalpur.

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Daizy Daughter of Late Sita Ram Singh resident of Village- Shahpur, P.S. Nathnagar, District- Bhagalpur.

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Ruby Daughter of Late Sita Ram Singh resident of Village- Shahpur, P.S. Nathnagar, District- Bhagalpur.

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Abhaya Nand Singh Son of Late Surya Narain Singh resident of VillageShahpur, P.S. Nathnagar, District- Bhagalpur.

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Nageshwar Prasad Singh son of Late Surya Narain Singh resident of VillageShahpur, P.S. Nathnagar, District- Bhagalpur.

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Arun Kumar Singhaniya son of Badri Prasad Singhaniya resident of Mohalla- Khalif Bag, D.N. Singh Road, P.S. Kotwali, District- Bhagalpur.

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... ... Respondent/s

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with Civil Writ Jurisdiction Case No. 23611 of 2018

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Lal Bahadur Singh S/o Late Girja Prasad Singh Resident of Tilka Manjhi,Hatia,Bank Colony,P.STilka Manjhi,Dist.-Bhagalpur

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Sarita Pathak W/o Rajesh Kumar Pathak Resident of MohallaJawaripur,near Brilliant School,P.S. Tilka Manjhi,Dist.-Bhagalpur

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Patna High Court CWJC No.23117 of 2018(4) dt.13-01-2026 3/7

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Ashok Singh S/o Late Tulsi Singh Resiedent of Mohalla-Tilka Manjhi,Bank Colony,P.S. Tilka Manjhi,Dist.Bhagalpur ... ... Petitioner/s

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Versus

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The State Of Bihar. 2. The Collector, Bhagalpur 3. The Additional Collector, Bhagalpur 4. The S.D.M.,Sadar, Bhagalpur 5. The Deputy Collector, Land Reforms,Bhagalpur,Dist.Bhagalpur 6. The Circle Officer,Nath Nagar, Dist.-Bhagalpur 7. Krishna Nand Singh S/o Late Vakil Singh Resident of Village Sahpur,P.S. Nathnagar,Dist.-Bhagalpur

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Pushkar Kuamr S/o Late Sailja Nand Singh Resident of Village Sahpur,P.S. Nathnagar,Dist.-Bhagalpur

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Bhashkar Kumar S/o Late Sailja Nand Singh Resident of Village Sahpur,P.S. Nathnagar,Dist.-Bhagalpur

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Shankar Kumar S/o Late Sailja Nand Singh Resident of Village Sahpur,P.S. Nathnagar,Dist.-Bhagalpur

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Vyas Mani Singh S/o Late Surya Narain Singh Resident of Village Sahpur,P.S. Nathnagar,Dist.-Bhagalpur

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Gauri Devi W/o Late Sita Ram Singh Resident of Village Sahpur,P.S. Nathnagar,Dist.-Bhagalpur

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Prabhat Kumar Singh S/o Late Sita Ram Singh Resident of Village Sahpur,P.S. Nathnagar,Dist.-Bhagalpur

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Prabhash Kumar Singh S/o Late Sita Ram Singh Resident of Village Sahpur,P.S. Nathnagar,Dist.-Bhagalpur

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Daizy D/o Late Sita Ram Singh Resident of Village Sahpur,P.S. Nathnagar,Dist.-Bhagalpur

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Duby D/o Late Sita Ram Singh Resident of Village Sahpur,P.S. Nathnagar,Dist.-Bhagalpur

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Abhay Nand Singh S/o Late Surya Narain Singh Resident of Village Sahpur,P.S. Nathnagar,Dist.-Bhagalpur

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Nageshwar Prasad Singh S/o Late Surya Narain Singh Resident of VillageShahpur,P.S. Nathnagar,Dist.-Bhagalpur ... ... Respondent/s

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====================================================== Appearance : (In Civil Writ Jurisdiction Case No. 23117 of 2018) For the Petitioner/s : Mr. Shravan Kumar, Sr. Advocate Mr. Anjani Kr. Sinha, Advocate Ms. Muskan Singh, Advocate Ms. Monika Singh, Advocate

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For the Respondent/s : Mr. Dhurjati Kr. Prasad, GP-14

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Patna High Court CWJC No.23117 of 2018(4) dt.13-01-2026 4/7

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(In Civil Writ Jurisdiction Case No. 23031 of 2018) For the Petitioner/s : Mr. Pranav Kumar Jha, Advocate For the Respondent/s : Mr. Rishi Raj Sinha, SC-19 (In Civil Writ Jurisdiction Case No. 23611 of 2018) For the Petitioner/s : Mr. Pranav Kumar Jha, Advocate For the Respondent/s : Mr. Sajid Salim Khan, SC-25 ======================================================

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CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER

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4 13-01-2026

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Heard Mr. Shravan Kumar, learned Senior counsel for the petitioners (in CWJC No. 23117 of 2018), Mr. Chaudhary Shyam Nandan, learned counsel for the petitioners (in CWJC No. 23031 of 2018) and Mr. Anjani Kumar Sinha, learned counsel for the petitioners (in CWJC No. 23611 of 2018) and the State.

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As the parties have submitted that the prayer is same in all the other writ petitions, in that background, the case of CWJC No. 23117 of 2018 ( Manoj Kumar Sharma and Ors. vs The State of Bihar and Ors.) is being incorporated hereinbelow:-

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“That this application is being filed against the order dated 9.7.2018 passed in B.L.T. Case No.320/2013 by the Chairman, the Bihar Land Tribunal, Patna by which the learned Chairman, while exercising the jurisdiction U/S 14 of the B.L.T. Act has declared the order passed by learned S.D.M., Bhagalpur in Misc. Case No.

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Patna High Court CWJC No.23117 of 2018(4) dt.13-01-2026 5/7

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883/02 dated 25.4.2003 without jurisdiction and void and as much as directed that the Jamabandi of the land in question as it was before the order dated 25.4.2003 passed in Misc. Case No. 883/2002 passed by the learned S.D.M., Sadar, Bhagalpur shall be maintained and shall be subject to final judgment an decree to be passed in the T.S. filed either of the parties for

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determination/adjudication of their claim over the land in question, however, the learned Tribunal has passed the aforesaid order contrary to the law and as much as the fact that this substantive T.S. bearing T.S. No. 73/2010 is already pending for disposal regarding determination/adjudication of the claim of the parties over the land in question before the competed court of civil jurisdiction and as much as the facts that the learned Tribunal as completely exercised the jurisdiction U/S 14 of the said Act declaring the order dated 25.4.2003 passed by the learned S.D.M., Bhagalpur being void, beyond the scope of Section 14 of the Act and further for a direction to the Respondent

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Patna High Court CWJC No.23117 of 2018(4) dt.13-01-2026 6/7

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authorities to allow the petitioners to continue the Jamabandi running in their respective names having their possession over the land since long and further for any other relief or reliefs the petitioners are entitled in the facts and circumstances of the case.”

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Learned State counsel at the outset submits that the

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Title Suit No. 73 of 2010 is pending before a competent Civil Court at Bhagalpur where the parties can agitate/contest so that the same is taken to its logical conclusion.

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Mr. Shravan Kumar, learned Senior counsel for the petitioners submit that they are ready to contest the said Title Suit but certain observation made by the BLT while disposing of the petition may effect the outcome of the Title Suit.

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Learned State counsel submits that once the Title Suit is pending, the parties are free to adduce evidence and make their respective submissions so that the same is taken to its logical conclusion and in that background, the order of the BLT may not have any relevance in the case.

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This Court is also of the opinion that when the Title Suit No. 73 of 2010 is pending before the competent Civil Court, Bhagalpur and the parties have already appeared, the

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Patna High Court CWJC No.23117 of 2018(4) dt.13-01-2026 7/7

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same has to be taken to its logical conclusion without being influenced by any of the order/observation made by any of the

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Court much less the BLT.

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