Lal Babu Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11092 of 2026 ====================================================== Lal Babu Prasad Son of Narayan Sah, resident of Village-Agarpur, P.O. and P.S.-Lalganj, District-Vaishali.

... ... Petitioner/s

Versus

1.

The State of Bihar Bihar.

2.

The District Magistrate cum Collector, Vaishali. 3.

Circle Officer, Lalganj, Vaishali.

4.

Officer-in-Charge, Lalganj Police Station, Vaishali. 5.

Anjani Devi, Daughter of Late Shyambabu Prasad, resident of VillageAgarpur, P.O. and P.S.-Lalganj, District-Vaishali. 6.

Usha Devi, Wife of Sri Manoj Kumar, resident of Mohalla-Premganj Ward No. - 2, P.O. and P.S.-Lalganj, District-Vaishali. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mrs. Bela Singh, Adv.

Mr. Rajeev Ranjan For the Respondent/s :

Mr. Sunil Kr. Mandal, SC-3 Mr. Arjun Prasad, AC to SC-3 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 24-07-2026 Heard Mrs. Bela Singh, learned counsel for the petitioner and the State.

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

(i) for directing and commanding the respondents to restrain the respondent no.- 3 Circle officer from demarcation and measurement of the Khatiyani land of the petitioner which is situated at Mauza Agarpur, Thana Lalganj, Thana no-119, Khata 556, Khesara 218 area 0.3 decimel, during pendency of the title suit no. 731/2024.

Patna High Court CWJC No.11092 of 2026(2) dt.24-07-2026 2/3 (ii) For directing and commanding the respondent no.-3 not to take any action, on application of the private respondent for demarcation of said land, as the title suit no. 731/2024 Lal Babu Prasad Vs Anjani Devi and ors" in respect of that land is pending between the parties in the Court of Sub-JudgeVIIIth, Vaishali at Hajipur. (iii) For directing the C.O. not to take any coercive or consequential action affecting the possession of the petitioner until the title dispute is finally decided by the competent Civil Court.

( iv) And also for any other relief/ relieves for which petitioner is found to be legally entitled under the facts and circumstances of the case.

3. The land details are available in paragraph 1 of the petition and need no repetition.

4. Learned counsel for the petitioner submits that the parties are fighting the battle before a Competent Civil Court in Title Suit No. 731 of 2024. However, without waiting for the outcome of the said Title Suit, the respondents 5 and 6 are hell bent upon getting their name mutated. The submission is that a petition was preferred before the Circle Officer, Lalganj, Vaishali for measurement of the land. However, the 'Amin' gave the finding that the Title Suit No. 731 of 2024 is pending and as such, the measurement cannot be conducted.

Patna High Court CWJC No.11092 of 2026(2) dt.24-07-2026 3/3

5. The submission is that once again, a petition has been preferred by the respondents.

6. Apprehending some adverse decision, the writ petition.

7. Learned counsel for the petitioner submits that the said apprehension is unfounded, they are fighting out Title Suit No. 731 of 2024 before the Competent Civil Court and outcome of the said order will finally prevail upon the ownership of the land in question.

8. This Court has recorded the submissions put forward by learned State Counsel, any relief that the parties fighting the battle in Competent Civil Court vide T.S. No. 731 of 2024, it has to be routed through the said Court and not otherwise. The parties including the Revenue Authorities must wait for the outcome of the Title Suit No. 731 of 2024 unless any order comes form the said Civil Court where the title is pending.

9. With the aforesaid observation, the writ petition is disposed of.

(Rajiv Roy, J) Vijay Singh/- U