Suresh Bhagat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1176 of 2026 ====================================================== Suresh Bhagat, Male, aged about 77 years, Son of Late Yugal Bhagat, Resident of Village Banauli, P.S.- Simri, District- Darbhanga (Bihar). ... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Revenue Department, Patna, Bihar.

2.

The District Magistrate, Darbhanga.

3.

The Sub-Divisional Officer, Darbhanga.

4.

The Circle Officer, Singhwara, Darbhanga.

5.

Sakina Khatoon, W/o Abdul Karim, Resident of Village Banauli, Ward no 9, PS Simri, Dist. Darbhanga (Bihar).

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ghanshyam Choudhary, Advocate For the Respondent/s :

AC to Standing Counsel (8) ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 29-01-2026 Heard Mr. Ghanshyam Choudhary, learned counsel appearing on behalf of the petitioner and learned AC to SC-8 for the State.

2. The petitioner in paragraph no. 1 of the present writ petition has sought, inter alia, following relief(s), which is reproduced hereinafter:- "(i) That the respondent no. 4 be directed to stay the illegal construction upon Mauza-Banauli, Thana No. 148, Khata No. 579, 402 old, Khesra No. 138/old and 2737 (new) by Respondent no. 5 situated at Banauli Village under Singhwara Block, Darbhanga."

3. It is the case of the petitioner that the private respondent no. 5, in connivance with the Circle Officer,

Patna High Court CWJC No.1176 of 2026(2) dt.29-01-2026 2/2 Singhwara and other government officials, have started construction work on the land situated at Mauza- Banauli, Thana No. 148, appertaining to Khata No. 579 old, 402 old, Khesra No. 1381 old, 2737 (new), in spite of Title Suit No. 07 of 2014 pending before the competent Civil Court and during the said period, the defendant, Shakuntala Devi had executed sale deed in favour of the private respondent no. 5.

4. The Circle Officer, Singhwara, is directed to restrain himself from allowing the private respondent no. 5 to proceed with the construction work when the question of title is disputed.

5. The petitioner may avail appropriate remedy in accordance with law.

6. The District Magistrate-cum-Collector must ensure that due process is required to be followed to protect the citizen and ensure that any measurement don't disturb petitioner from the physical possession of property in question.

7. With aforesaid observation/direction, the present writ petition stands disposed of.

(Purnendu Singh, J) Niraj/- U