Disputed issues cannot be adjudicated under Article 226: Patna High Court

In Pushpa Devi & Ors. vs. The State of Bihar through the Chief Secretary, Government of Bihar & Ors. (2025), Patna High Court's Division Bench of Justices P. B. Bajanthri and Shailendra Singh passed a 3-page long order dated August 27, 2025 upholding the order by Justice Chakradhari Sharan Singh.  

The appellants had assailed the 2-page long order dated April 17, 2019 by Justice Singh, the Single Judge passed in Pushpa Devi & Ors. vs. The State of Bihar through the Chief Secretary, Government of Bihar & Ors. (2019). The order stated that the petitioners "purchased certain property from Respondent No. 5 and Respondent No. 5, after having sold the property, is not handing over the possession. Such grievance of the petitioners, in a proceeding under Article 226 of the Constitution of India, cannot be entertained. This application is dismissed. The petitioners may approach appropriate forum for redressal of their grievance.” The Respondent No. 5 is Shanti Devi, a resident of Sikariya, Shivsagar, Rohtas. The petitioners, namely, Pushpa Devi, Sunita Devi, Vijapatti Devi, Bali Ram Singh and Sarita Devi. The case was filed in the High Court on March 1, 2019 and registered on April 16, 2019. 

Justice Bajanthri observed: "it is evident that there was certain disputed issues among the appellants and contesting respondents, insofar as transaction of property. 4. Disputed issues cannot be adjudicated under Article 226 of the Constitution as held by the Hon’ble Supreme Court in the case of Shubhas Jain vs. Rajeshwari Shivam and Others reported in (2021) 20 SCC 454. In the light of these facts and circumstances no interference is warranted in respect of order of the learned Single Judge dated 17.04.2019 passed in CWJC No. 8225 of 2019. 5. Accordingly, present LPA No. 1096 of 2019 stands disposed of reserving liberty to the appellants to invoke appropriate remedy before appropriate forum. In the event of filing of appropriate litigation before the concerned jurisdictional forum, jurisdictional forum is requested to peruse Section 14 of the Limitation Act, 1963 and proceed to condone the delay in respect of time spent before this Court." He endorsed the order by Justice Singh.