Radha Devi @ Prabha Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2046 of 2026 ====================================================== 1.

Radha Devi @ Prabha Devi W/o Raju Paswan, resident of Mohalla-Nahru Nagar, Rama Dental Clinic Gali, P.O. andP.S.-Patliputra, District-Patna. 2.

Raju Paswan @ Raju Kumar, S/o Late Bechan Psawan, resident of MohalalNehru Nagar, Rama Dental Clinic Gali, P.O.andP.S.-Patliputra, District Patna.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Revenue and Land Reforms Department, Govt. of Bihar, Patna.

2.

The Principal Secretary, Home Department, Government of Bihar, Patna. 3.

The Collector-cum-District Magistrate, Patna. 4.

The Senior Superintendent of Police, Patna.

5.

The Superintendent of Police (West), Patna.

6.

The Deputy Superintendent of Police, Kotwali, Patna. 7.

The Additional District Magistrate, Patna.

8.

The Land Reforms Deputy Collector, Patna Sadar, Patna. 9.

The Sub-Divisional Officer-cum-Sub Divisional Magistrate, Patna Sadar, Patna.

10.

The Circle Officer, Patliputra, Kumharar, Patna. 11.

The Officer-in-Charge (SHO), Patliputra Police Station, Patna. 12.

Ajeet Kumar @ Bhagwan Das, S/o Late Kesho Singh @ Keshav Singh, resident of Mohalla-Rajapur, Mainpura, P.O.-GPO, Patna, P.S.-Patliputra, District-Patna.

13.

Sangita Devi, W/o Ajeet Kumar @ Rajapur, Mainpura, P.O.-GPO, Patna, P.S.-Patliputra, District-Patna.

14.

Hari Saw, S/o Late Kundan Saw, resident of Mohalla-Nehru Nagar, Near Rama Dental College, P.O.andP.S.-Patliputra, District-Patna. 15.

Bahadur Rai, S/o late Lakhan Rai, resident of Mohalla-Nehru Nagar, Near Rama Dental College, P.O.andP.S.-Patliputra, District-Patna. 16.

Rajan Gupta, S/o Vishwanath Saw, resident of Vishwanath Kirana Shop, Nehru Nagar, Near Panitanki, Patliputra, Patna-800013, Bihar. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shambhu Sharan Singh, Advocate For the Respondent/s :

Mr. Ajay Behari Sinha, GA(08) ======================================================

2/4 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 10-02-2026 Heard learned counsel appearing on behalf of the petitioners and learned APP for the State.

2. The petitioners in paragraph no. 1 of the present writ petition have sought, inter alia, the following relief(s), which is reproduced hereinafter:- "1. That this appropriate writ is being filed for the following relief/reliefs to the petitioners :- (i) For to direction/order the District Magistratecum-Collector, Patna to enquire into the matter personally and expeditiously within a week in respect of ownership of the petitioner on the land bearing Mauza-Mainpura, Anchal-Patliputra (Patna Sadar), Kumhrar, Thana-Patliputra, Plot No. 1629, Khata No.-680, Thana No.-9/2, JamabandiNo.-488, Area-625 Sq.ft. out of one Katha agreed to sale by the land owner in oral sale agreement by the one Kesho Singh @ Keshav Singh, S/o Sakaldeep Kumar @ Ragho Singh @ Ragho Prasad, Nehru Nagar, Rama Dental Clinic Gali, P.O.+P.S.

-Patliputra, District-Patna in the year 1988 in the consideration money taken by him in the 1988 of Rupees 30,000/- in two terms (i) Rs. 15,000/- in presence of Hari Saw, Karmu Saw, Muneshwar Mahto as first installment, (ii) Rupees 15,000/- in presence of Hari Saw, Karmu Saw, Muneshwar Mahto, Sidhanath Pahalwan, Lakhan Rai as second installment and after taking consideration money in oral agreement the land owner Kesho Singh @ Keshav Singh have delivered possession on the aforesaid Parti Land in question and thereafter the petitioner have gradually developed a hut with asbestos room on the land in the year 1988 to 1990 and subsequently developed Pakka House on their own expenses.

3/4 responsibility as aggrieved by the Kesho Singh @ Keshav Singh.

(ii) For direction/order to the respondent concern to take an immediate civil and criminal action against the private owner respondent no. 12 Ajeet Kumar @ Bhagwan Das and respondent no. 13 Sangita Devi, W/o Ajeet Kumar @ Bhagwan Das, who have denied to make part performance of contract orally in respect of land in question by father of Ajeet Kumar @ Bhagwan Das and father-in-law of Sangita Devi, W/o Ajeet Kumar Bhagwan Das. After the death of Kesho Singh @ Khatiyani land Keshav Singh who had agreed to sale orally on the consideration money of rupees 30,000/- for area of one Katha in 1988 after receiving of consideration money in the year 1988 itself in presence of local person Hari Saw, Karmu Saw, Muneshwar Mahto, Siddhanath Pahalwan, Lakhan Rai and private respondent no. 12 and 13 have done false affidavit with concocted story of landlord and tenantship from eight year in the year 2021 before the Judicial Court of Law.

(iii) For direction/order to the District Magistrate, Patna to restore the possession of petitioner on the plot in question with proper compensation for demolition of structure and house made by the petitioner on the plot in question after oral sale purchase from the ancestors of respondent no. 12 in 1988.

(iv) For other relief/reliefs as your lordships may deem fit and proper in the facts and circumstances of the case."

3. Considering the relief(s), as prayed for in the present writ petition, this Court finds that the present writ petition don't require adjudication by this Court as the petitioners have already filed representation before the National Schedule Caste Commission and the District Magistrate, Patna against the action of the private respondent nos.12 and 13.

4. The petitioners may also approach competent Civil

4/4 Court for declaration of their title in accordance with law.

5. Accordingly, the present application is consigned to record.

(Purnendu Singh, J) Ashishsingh/- U