Vidyanand Rai @ Vidya Rai @ Vidya Nand Rai v. The State Of Bihar Through The Principal Secretary,

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15064 of 2025 ====================================================== Vidyanand Rai @ Vidya Rai @ Vidya Nand Rai Son of Late Bhagwat Rai, Resident of Makhdumpur Gate No. 87, P.S. - Digha, District- Patna, Bihar. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Revenue and Land Reforms Department, Government of Bihar, Patna. 2.

The Commissioner, Patna Division, Bihar.

3.

The Deputy Collector (Land Reforms), Patna Sadar, Bihar. 4.

The Circle Officer, Patna Sadar, Bihar.

5.

Senior Superintendent of Police, Patna.

6.

SHO, Digha Police Station, Patna.

7.

Nirmala Kumari Wife of Arun Kumar, Resident of Maniyawa, P.S. - Jahanabad, District- Jahanabad, Bihar Mouza Digha, Thana No. 1, Patna. 8.

Urmila Sharma W/o Late Ramanand Sharma, Resident of B-43, Sant Marry Carch, Buddha Colony, P.S. - Buddha Colony, District- Patna, Mouza Digha, Thana No. 1, Patna.

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

For the Petitioner/s :

Mrs. Shama Sinha, Adv.

Mr. Vijayansh Pratap Singh, Adv.

Mr. Surya Prakash, Adv.

For the Respondent/s :

Mr. Kirkar Kumar, SC-9 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 31-03-2026 Heard Mrs. Shama Sinha, learned counsel for the petitioner and the State.

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

(i). Issue an appropriate writ, order, or direction. restraining the Respondents, including police officials, from taking any coercive steps or attempting to dispossess the Petitioner from the land

Patna High Court CWJC No.15064 of 2025(3) dt.31-03-2026 2/3 situated at Mouza Digha, Thana No. 1, Khata No. 2019/79, Khesra No. 4816, measuring 1 Katha 16 Dhur (6.25 decimals), during the pendency of statutory appeals bearing appeal no. 1003/2024-25 and appeal no.51/2025-2026 filed before the Commissioner, Patna Division, arising out of Land Dispute Case Nos. 31/2023-24 and 32/2023-24;

(ii) Restrain the Respondents from giving effect to, implementing, or acting upon letters dated 30.07.2025, 07.08.2025 and 14.08.2025, or any similar communication, which threaten forcible dispossession of the Petitioner without following due process of law (iii). Declare that the Petitioner cannot be dispossessed in summary proceedings under the Bihar Land Dispute Resolution Act on basis of the letters/orders of DCLR using police force, since questions of title and validity of rival sale deeds can only be adjudicated by the competent civil court;

(iv). Direct the Respondents and their officials not to execute or give effect to the orders passed in Land Dispute Case Nos.

31/2023-24 and 32/2023-24, in so far as they affect the Petitioner's possession, till the disposal of the pending appeals by the

Patna High Court CWJC No.15064 of 2025(3) dt.31-03-2026 3/3 Commissioner;

3. Mrs. Sinha submits that earlier, the Commissioner, Patna Division was not taking up the appeals vide Appeal no. 1003 of 2024-25 as also the Appeal no. 51/ 2025-26 forcing him to approach the Patna High Court.

4. The contention is that the now both the appeals are being heard and in that background, an appropriate order be passed.

5. Learned State Counsel submits that the appeals shall be taken to its logical conclusion if parties co-operate in the matter.

6. In that background, when the stand is that the Commissioner, Patna Division, Patna has taken up two appeals, expecting it to be expedited and after hearing all the parties and perusing the records, be disposed of within a reasonable time frame, the writ petition is disposed of.

(Rajiv Roy, J) Vijay Singh/- U