Laliteshwar Nath Tiwari v. State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18493 of 2018 ====================================================== Laliteshwar Nath Tiwari S/o Bageshwar Tiwari, Resident of Village + Post - Ekma, District - Chapra, presently residing at Chitragupta Nagar, Ward No. 14, P.S. - Chitragupta Nagar, Khagaria, District - Khagaria. ... ... Petitioner/s

Versus

1.

State Of Bihar.

2.

The Collector, Khagaria.

3.

The Executive Officer, Nagar Parishad, Khagaria. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shiv Nandan Prasad Singh, Sr. Advocate For the Respondent/s :

Mr. Deepak Kumar, AC to AAG-7 For the Nagar Parishad :

Mr. Krishna Chandra, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 13-01-2026 Heard Mr. Shiv Nandan Prasad Singh, learned Senior counsel for the petitioner and the State as also the Nagar Parishad, Khagaria.

2. The present petition has been preferred for the following relief(s):

"for issuance of appropriate writ/order or direction to the respondents not to disturb the possession of the petitioner over any part of the land described in Para-2 of this application. Pending final hearing of this application, respondents may be further directed not to dispossess the petitioner or his family members

Patna High Court CWJC No.18493 of 2018(6) dt.13-01-2026 2/2 from any part of the land."

3. Though the learned Senior counsel for the petitioner submits that the rent receipts have been issued in his favour right from the year 1961, the stand of the Nagar Parishad is that it is a Kamla Dhar situated at Mauja - Hajipur and Nagar Parishad is having possession over the land in question.

4. This Court is of the opinion that there is/are complex questions which has/have to be answered inasmuch as against the claim of the petitioner that he is having rent receipts since the year 1961, the claim of the Nagar Parishad is that they have possession over the land in question and in the adjoining plot, the public toilets have also been constructed.

5. In that background, it would be appropriate that the parties approach the competent Civil Court for the redressal of the grievance.

6. The writ petition stands disposed of with the aforesaid observation.

(Rajiv Roy, J) Adnan/- U