Patna High Court
Kamal Narayan Singh @ Kamal Nayan vs The State Of Bihar on 11 February, 2025
Author: Arun Kumar Jha
Bench: Arun Kumar Jha
IN THE HIGH COURT OF JUDICATURE AT PATNA
CIVIL MISCELLANEOUS JURISDICTION No.11 of 2025
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Kamal Narayan Singh @ Kamal Nayan Son of Late Shashi Ranjan Singh @
Late Shishi Ranjan Prasad Singh, Resident of village - Rahimpur, Post Office-
Rahimpur, P.S. Khagaria, District- Khagaria, at present Resident of Ward No.
10, Moldiyar Tola, P.S. Mokama, District - Patna.
... ... Petitioner/s
Versus
1. The State of Bihar through the Collector, Saharsa.
2. The Sub Divisional Officer, Simri Bakhtiyarpur Sub Division, Post and P.S.-
Simri Bakhtiyarpur, District- Saharsa.
3. The Circle Officer, Block - Salukhua, Post and P.S. - Salukhua, District -
Saharsa.
4. Lakshmi Sada, Son of Babujan Sada, Resident of village - Bhirkhi, Post -
Salkhua, P.S. and Anchal - Salkhua, Sub Division- Simri Bakhtiyarpur,
District- Saharsa.
5. Upendra Sada, Son of Ram Prasad Sada, Resident of village - Bhirkhi, Post -
Salkhua, P.S. and Anchal - Salkhua, Sub Division- Simri Bakhtiyarpur,
District- Saharsa.
6. Asarfi Sada, Son of Bhola Sada, Resident of village - Bhirkhi, Post -
Salkhua, P.S. and Anchal - Salkhua, Sub Division- Simri Bakhtiyarpur,
District- Saharsa.
7. Bablu Rai, Son of Pavitar Rai Matofa, Resident of village - Bhirkhi, Post -
Salkhua, P.S. and Anchal - Salkhua, Sub Division- Simri Bakhtiyarpur,
District- Saharsa.
8. Chatittar Rai, Son of Fudar Rai, Resident of village - Bhirkhi, Post -
Salkhua, P.S. and Anchal - Salkhua, Sub Division- Simri Bakhtiyarpur,
District- Saharsa.
9. Chandar Rai, Son of Ramji Rai Matofa, Resident of village - Bhirkhi, Post -
Salkhua, P.S. and Anchal - Salkhua, Sub Division- Simri Bakhtiyarpur,
District- Saharsa.
10. Wodhan @ Viran Sada, Son of Chatthu Sada, Resident of village - Bhirkhi,
Post - Salkhua, P.S. and Anchal - Salkhua, Sub Division- Simri
Bakhtiyarpur, District- Saharsa.
11. Ram Chandra Sada, Son of Viran Sada @ Wodhan Sada, Resident of village
- Bhirkhi, Post - Salkhua, P.S. and Anchal - Salkhua, Sub Division- Simri
Bakhtiyarpur, District- Saharsa.
12. Sanjay Kumar Sada, Son of Ram Charitra Sada, Resident of village -
Bhirkhi, Post - Salkhua, P.S. and Anchal - Salkhua, Sub Division- Simri
Bakhtiyarpur, District- Saharsa.
13. Sato Sada, Son of Jumul Sada, Resident of village - Bhirkhi, Post - Salkhua,
P.S. and Anchal - Salkhua, Sub Division- Simri Bakhtiyarpur, District-
Saharsa.
Patna High Court C.Misc. No.11 of 2025 dt.11-02-2025
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14. Yogendra Sada, Son of Aashik Sada, Resident of village - Bhirkhi, Post -
Salkhua, P.S. and Anchal - Salkhua, Sub Division- Simri Bakhtiyarpur,
District- Saharsa.
15. Tilo Sada, Son of Bauji Sada @ Babunath Sada, Resident of village -
Bhirkhi, Post - Salkhua, P.S. and Anchal - Salkhua, Sub Division- Simri
Bakhtiyarpur, District- Saharsa.
16. Jangal Sada, Son of Late Jamun Sada Matofa, Resident of village - Bhirkhi,
Post - Salkhua, P.S. and Anchal - Salkhua, Sub Division- Simri
Bakhtiyarpur, District- Saharsa.
17. Yogi Sada, Son of Late Jamun Sada Matofa, Resident of village - Bhirkhi,
Post - Salkhua, P.S. and Anchal - Salkhua, Sub Division- Simri
Bakhtiyarpur, District- Saharsa.
18. Mullu Sada, Son of Meghu Sada, Resident of village - Bhirkhi, Post -
Salkhua, P.S. and Anchal - Salkhua, Sub Division- Simri Bakhtiyarpur,
District- Saharsa.
19. Ram Sewak Sada, Son of Bahadur Sada, Resident of village - Bhirkhi, Post -
Salkhua, P.S. and Anchal - Salkhua, Sub Division- Simri Bakhtiyarpur,
District- Saharsa.
20. Wucho Sada, Son of Kapli Sada, Resident of village - Bhirkhi, Post -
Salkhua, P.S. and Anchal - Salkhua, Sub Division- Simri Bakhtiyarpur,
District- Saharsa.
21. Ashok Sada, Son of Mishri Sada, Resident of village - Bhirkhi, Post -
Salkhua, P.S. and Anchal - Salkhua, Sub Division- Simri Bakhtiyarpur,
District- Saharsa.
22. Madan Singh, Son of Kapildeo Singh Mautofa Resident of Village - Dumri
Bujurg, Post - Sitapur, District- Chapra.
23. Ramakant Singh, Son of Ramanuj Singh Matofa, Resident of Village -
Dumri Bujurg, Post - Sitapur, District- Chapra.
24. Uma Singh, Son of Yogendra Singh Matofa, Resident of Village - Dumri
Bujurg, Post - Sitapur, District- Chapra.
25. Om Prakash Singh, Son of Yogendra Singh Matofa, Resident of Village -
Dumri Bujurg, Post - Sitapur, District- Chapra.
26. Vinod Singh, Son of Yogendra Singh Matofa, Resident of Village - Dumri
Bujurg, Post - Sitapur, District- Chapra.
27. Jiyaul Haque, Son of Ganimat Hussain Matofa Resident of village- Marar,
Post - Marar, P.S. and District- Khagaria.
28. Md. Juwair Hussain, Son of Md. Ataul Hussain Matofa, Resident of village-
Marar, Post - Marar, P.S. and District- Khagaria.
29. Md. Raja Karim, Son of Md. Ataul Hussain Matofa, Resident of village-
Marar, Post - Marar, P.S. and District- Khagaria.
30. Md. Sahjaha Ahmed, Son of Md. Suleman Mian Matofa, Resident of
village- Marar, Post - Marar, P.S. and District- Khagaria.
31. Md. Raja Karim, Son of Md. Faudaar Hussain, Resident of village- Marar,
Post - Marar, P.S. and District- Khagaria.
Patna High Court C.Misc. No.11 of 2025 dt.11-02-2025
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32. Md. Haroon, Son of Wazid Hussain Matofa, Resident of village- Marar, Post
- Marar, P.S. and District- Khagaria.
33. Md. Oli Alam, Son of Wazid Hussain Matofa, Resident of village- Marar,
Post - Marar, P.S. and District- Khagaria.
34. Md. Irfan Alam, Son of Wazid Hussain Matofa, Resident of village- Marar,
Post - Marar, P.S. and District- Khagaria.
35. Md. Nishad Ahmad @ Md. Niyaz Ahmad, Son of Md. Suleman Ahmad,
Resident of village- Marar, Post - Marar, P.S. and District- Khagaria.
36. Md. Mumtaaz Ahmad, Son of Md. Suleman Ahmad, Resident of village-
Marar, Post - Marar, P.S. and District- Khagaria.
37. Md. Eka Ahmad @ Ezaz Ahmad, Son of Md. Suleman Ahmad, Serial no. 27
to 37 All Sons of Md. Suleman Ahmad.Resident of village- Marar, Post -
Marar, P.S. and District- Khagaria.
38. Moli Yadav, Son of Gonar Yadav Matofa, Resident of Village - Menka
Mohalla, Post, P.S. and District- Begusarai.
39. Wakil Yadav, Son of Gonar Yadav Matofa, Resident of Village - Menka
Mohalla, Post, P.S. and District- Begusarai.
40. Ramakant Yadav, Son of Banarsi Yadav Matofa, Resident of Village - Menka
Mohalla, Post, P.S. and District- Begusarai.
41. Rudal Yadav, Son of Kamal Yadav Matofa, Resident of Village - Menka
Mohalla, Post, P.S. and District- Begusarai.
42. Shyam Yadav, Son of Kamal Yadav Matofa, Resident of Village - Menka
Mohalla, Post, P.S. and District- Begusarai.
43. Arjun Yadav, Son of Kamal Yadav Matofa, Resident of Village - Menka
Mohalla, Post, P.S. and District- Begusarai.
44. Domi Yadav, Son of Kamal Yadav Matofa, Resident of Village - Menka
Mohalla, Post, P.S. and District- Begusarai.
45. Sunar Yadav @ Sundar Yadav, Son of Tengar Yadav Matofa, Resident of
Village - Menka Mohalla, Post, P.S. and District- Begusarai.
46. Rajendra Yadav, Son of Suraj Yadav Matofa, Resident of Village - Menka
Mohalla, Post, P.S. and District- Begusarai.
47. Khelo Yadav, Son of Nek Lal Yadav Matofa, Resident of Village - Menka
Mohalla, Post, P.S. and District- Begusarai.
48. Lalo Yadav, Son of Wano Yadav Matofa, Resident of Village - Menka
Mohalla, Post, P.S. and District- Begusarai.
49. Esho Yadav, Son of Wano Yadav Matofa, Resident of Village - Menka
Mohalla, Post, P.S. and District- Begusarai.
50. Kiro Yadav, Son of Wano Yadav Matofa, Resident of Village - Menka
Mohalla, Post, P.S. and District- Begusarai.
51. Jalo Yadav, Son of Wano Yadav Matofa, Resident of Village - Menka
Mohalla, Post, P.S. and District- Begusarai.
52. Ram Patarath Yadav, Son of Wano Yadav Matofa, Resident of Village -
Menka Mohalla, Post, P.S. and District- Begusarai.
Patna High Court C.Misc. No.11 of 2025 dt.11-02-2025
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53. Chandrachur Yadav, Son of Raghi Yadav Matofa, Resident of Village -
Menka Mohalla, Post, P.S. and District- Begusarai.
54. Rajaram Yadav, Son of Soman Yadav Matofa, Resident of Village - Menka
Mohalla, Post, P.S. and District- Begusarai.
55. Uma Singh, Son of Parmeshwar Singh Matofa, Resident of Village- Olipur,
Post - Olipur, P.S. and District- Lakhisarai.
56. Ram Sewak Singh @ Sewak Singh, Son of Badri Singh Matofa, Resident of
Village- Olipur, Post - Olipur, P.S. and District- Lakhisarai.
57. Swarath Yadav, Son of Raghunath Yadav, Resident of village- Olipur
(Ramchandrapur) P.S. and District- Lakhisarai.
58. Rama Singh, Son of Raj Narayan Singh Matofa, Resident of village- Dumri
Bujurg, Post - Dumri Bujurg, P.S. - Sitapur, District- Chapra.
59. Vishwanath Singh, Son of Devendra Singh Matofa, Resident of village-
Dumri Bujurg, Post - Dumri Bujurg, P.S. - Sitapur, District- Chapra.
60. Nirmal Singh, Son of Devendra Singh Matofa, Resident of village- Dumri
Bujurg, Post - Dumri Bujurg, P.S. - Sitapur, District- Chapra.
61. Kishori Singh, Son of Shivajit Singh Matofa, Resident of village- Dumri
Bujurg, Post - Dumri Bujurg, P.S. - Sitapur, District- Chapra.
62. Madan Singh, Son of Shivajit Singh Matofa, Resident of village- Dumri
Bujurg, Post - Dumri Bujurg, P.S. - Sitapur, District- Chapra.
63. Shatrudhan Singh, Son of Shivajit Singh Matofa, Resident of village- Dumri
Bujurg, Post - Dumri Bujurg, P.S. - Sitapur, District- Chapra.
64. Jatashankar Prasad Singh, Son of Late Ramavtar Singh, Resident of village-
Rahimpur, Post- Rahimpur, P.S. and District - Khagaria, at present Village-
Bhirkhi Pargana Farkiya, Sub Division - Simri Bakhtiyarpur, District-
Saharsa.
65. Pratiyush Kumar, Son of Late Anjani Kumar Singh, Resident of village-
Rahimpur, Post- Rahimpur, P.S. and District - Khagaria, at present Village-
Bhirkhi Pargana Farkiya, Sub Division - Simri Bakhtiyarpur, District-
Saharsa.
66. Gopi Kumar, Son of Late Anjani Kumar Singh, Resident of village-
Rahimpur, Post- Rahimpur, P.S. and District - Khagaria, at present Village-
Bhirkhi Pargana Farkiya, Sub Division - Simri Bakhtiyarpur, District-
Saharsa.
67. Sanjay Singh, Son of Late Subash Singh, Resident of village- Rahimpur,
Post- Rahimpur, P.S. and District - Khagaria, at present Village- Bhirkhi
Pargana Farkiya, Sub Division - Simri Bakhtiyarpur, District- Saharsa.
68. Hemant Kumar Singh, Son of Late Shiv Awadhesh Prasad Singh, Resident
of village- Rahimpur, Post- Rahimpur, P.S. and District - Khagaria, at
present Village- Bhirkhi Pargana Farkiya, Sub Division - Simri
Bakhtiyarpur, District- Saharsa.
69. Pintu Devi, Wifeof Late Nand Kishor Singh, Resident of village- Rahimpur,
Post- Rahimpur, P.S. and District - Khagaria, at present Village- Bhirkhi
Pargana Farkiya, Sub Division - Simri Bakhtiyarpur, District- Saharsa.
70. Arvind Prasad Singh, Son of Late Shiv Awadhesh Prasad Singh, Resident of
Patna High Court C.Misc. No.11 of 2025 dt.11-02-2025
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village- Rahimpur, Post- Rahimpur, P.S. and District - Khagaria, at present
Village- Bhirkhi Pargana Farkiya, Sub Division - Simri Bakhtiyarpur,
District- Saharsa.
71. Vibha Devi, Wife of Late Navin Kumar Singh, Resident of village-
Rahimpur, Post- Rahimpur, P.S. and District - Khagaria, at present Village-
Bhirkhi Pargana Farkiya, Sub Division - Simri Bakhtiyarpur, District-
Saharsa.
72. Pratik Kumar, Son of Late Navin Kumar Singh, Resident of village-
Rahimpur, Post- Rahimpur, P.S. and District - Khagaria, at present Village-
Bhirkhi Pargana Farkiya, Sub Division - Simri Bakhtiyarpur, District-
Saharsa.
73. Anant Prasad Singh, Son of Late Shiv Awadhesh Prasad Singh, Resident of
village- Rahimpur, Post- Rahimpur, P.S. and District - Khagaria, at present
Village- Bhirkhi Pargana Farkiya, Sub Division - Simri Bakhtiyarpur,
District- Saharsa.
74. Kumar Jiveshwar Singh, Son of Late Baikunth Prasad Singh, Resident of
village- Rahimpur, Post- Rahimpur, P.S. and District - Khagaria, at present
Village- Bhirkhi Pargana Farkiya, Sub Division - Simri Bakhtiyarpur,
District- Saharsa.
75. Manoj Kumar, Son of Late Baikunth Prasad Singh, Resident of village-
Rahimpur, Post- Rahimpur, P.S. and District - Khagaria, at present Village-
Bhirkhi Pargana Farkiya, Sub Division - Simri Bakhtiyarpur, District-
Saharsa.
76. Soni Kumari, daughter of Late Nandan Prasad Singh, Resident of village-
Rahimpur, Post- Rahimpur, P.S. and District - Khagaria, at present Village-
Bhirkhi Pargana Farkiya, Sub Division - Simri Bakhtiyarpur, District-
Saharsa.
77. Sima Kumari, daughter of Late Nandan Prasad Singh, Resident of village-
Rahimpur, Post- Rahimpur, P.S. and District - Khagaria, at present Village-
Bhirkhi Pargana Farkiya, Sub Division - Simri Bakhtiyarpur, District-
Saharsa.
78. Most. Abha Devi, daughter of Late Shankar Prasad Singh, Resident of
village- Rahimpur, Post- Rahimpur, P.S. and District - Khagaria, at present
Village- Bhirkhi Pargana Farkiya, Sub Division - Simri Bakhtiyarpur,
District- Saharsa.
79. Shivam, Son of Late Shankar Prasad Singh, Resident of village- Rahimpur,
Post- Rahimpur, P.S. and District - Khagaria, at present Village- Bhirkhi
Pargana Farkiya, Sub Division - Simri Bakhtiyarpur, District- Saharsa.
80. Satyam, Son of Late Shankar Prasad Singh, Resident of village- Rahimpur,
Post- Rahimpur, P.S. and District - Khagaria, at present Village- Bhirkhi
Pargana Farkiya, Sub Division - Simri Bakhtiyarpur, District- Saharsa.
81. Kanhaiya Prasad Singh, Son of Late Jatashankar Prasad Singh, Resident of
village- Rahimpur, Post- Rahimpur, P.S. and District - Khagaria, at present
Village- Bhirkhi Pargana Farkiya, Sub Division - Simri Bakhtiyarpur,
District- Saharsa.
82. Gorakh Singh, Son of Late Jatashankar Prasad Singh, Resident of village-
Rahimpur, Post- Rahimpur, P.S. and District - Khagaria, at present Village-
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Bhirkhi Pargana Farkiya, Sub Division - Simri Bakhtiyarpur, District-
Saharsa.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Digvijay Narayan Singh, Advocatre
For the Respondent/s : Mr. Alok Ranjan, AC to AAG-5
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CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL JUDGMENT
Date : 11-02-2025
Record has been taken up on mentioning being made
on behalf of the petitioner.
2. Heard learned counsel for the petitioner as well as
learned counsel for the State-respondent nos.1 to 3.
3. The petitioner is aggrieved by the order dated
10.09.2024
passed by learned Sub Judge, Simri Bakhtiyarpur,
Saharsa in Title Suit No. 08 of 1998, whereby and whereunder
the application filed by the petitioner under Order 11 Rule 14
read with Section 151 of the Code of Civil Procedure dated
21.08.2024 has been rejected by the learned trial court.
4. Learned counsel for the petitioner submits that the
defendants/respondents failed to produce the original settlement
purcha issued in their favour though in written statement they
have claimed the suit land by way of settlement in their favour
by the State. Such claim is completely wrong. The defendants
claimed that the suit land belongs to State of Bihar and the same
was settled in favour of the private defendants who came in
Patna High Court C.Misc. No.11 of 2025 dt.11-02-2025
possession over the suit land. But the defendants have not filed
original settlement purcha. The photo copies of order sheet of
settlement record no. 184 of 1982-83 and other documents have
been filed on behalf of defendants 2nd set but none of the
documents is an original copy. Learned counsel further submits
that the purcha in favour of defendants 2nd set is under challenge
in the suit, it was necessary in the interest of justice that the
original should have been produced before the court to allow it
to adjudicate the matter effectually and completely. Learned
counsel further submits that the documents are in favour of the
defendants 2nd set and therefore, they ought to have produced
the same before the learned trial court. Since they have failed to
do so, it was incumbent upon the learned trial court to call for
those documents to arrive at a just conclusion. Learned counsel
further submits that the learned trial court has not considered the
fact in proper perspective and passed an erroneous order.
5. Learned counsel for the State-respondents
vehemently contends that the title suit itself is not maintainable
since the settlement purcha was issued in the year 1982 and the
said title suit has been filed in 1998 without any legal sanction.
Learned counsel further submits that the title suit is not
maintainable on the ground that Section 18 of Bihar Privileged
Patna High Court C.Misc. No.11 of 2025 dt.11-02-2025
Persons Homestead Tenancy Act, 1948 (in short 'the Act') bars
filing of any suit in any Civil Court to vary or set aside any such
order except on the ground of fraud or want of jurisdiction.
Learned counsel further submits that any person aggrieved to
the settlement may file appeal under Section 21 of the Act
before the Collector of the district. Learned counsel thus
submits that the order of the learned trial court does not require
any interference and the same may be affirmed.
6. I have given my thoughtful consideration to the
rival submission of the parties and perused the record. From
perusal of record I fail to understand how the plaintiff/petitioner
can demand production of original settlement purcha by the
defendants at the fag end of the trial as the impugned order
shows the record was fixed for judgment and at that stage the
application seeking documents from the defendants has been
filed. Moreover, if the defendants did not produce the original
purcha on which their claim is based, the same would adversely
affect their right and the non-production should not cause any
prejudice to the petitioner. In any case when there is specific
provision for production of document prior to settlement of
issues and stage has been fixed for the same, the
plaintiff/petitioner could not approach the court at a greatly
Patna High Court C.Misc. No.11 of 2025 dt.11-02-2025
belated stage without showing reason for moving so late before
the learned trial court seeking production of certain documents.
Moreover, the impugned order has assigned reasons for
rejection of the petition of the petitioner.
7. In the light of aforesaid discussion and the
reasoning adopted by the learned trial court, I do not any
infirmity in the impugned order and the same is affirmed.
Accordingly, the present petition stands dismissed.
(Arun Kumar Jha, J)
DKS/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 13.02.2025
Transmission Date NA
