Kumar Shekhar Chandra Vs The State of Bihar — Patna HC (2025) — LawSathi Research

Kumar Shekhar Chandra Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition disposed of with the observation that if the petitioner prefers a revision petition within four weeks, the concerned authority/court shall take into account the facts narrated in the limitation petition and pass an appropriate order instead of straight away rejecting it.

Issue for consideration

Whether the order dated 05.07.2017 passed by the learned Land Reforms Deputy Collector, Aurangabad in Mutation Appeal Case No-64/2017, directing the Circle Officer, Barun to make a fresh inquiry regarding possession despite the existing finding of the petitioner's possession over the raiyati land, was unwarranted and without jurisdiction, so as to be quashed and not acted upon by the Circle Officer. +1 more

Court's answer

The writ petition stands disposed of with the aforesaid observation, i.e., without adjudication of the quashing/no-jurisdiction prayers.

Ratio / Principle

If the petitioner prefers a revision petition in the next four weeks, the concerned authority/court is to take into account the facts narrated in the limitation petition and pass an appropriate order instead of straight away rejecting it.

Detailed headnote1 paragraphs

Patna High Court (Civil Writ Jurisdiction Case No.12722 of 2025, decided 07.08.2025, Rajiv Roy, J.) — The petitioner, claiming possession over raiyati land at Karma Bhagwan (already found in his favour by the Circle Officer, Barun on the Halka Karamchari's report), sought quashing of the order dated 05.07.2017 passed by the Land Reforms Deputy Collector, Aurangabad in Mutation Appeal Case No-64/2017, which disposed of the matter with a direction to the Circle Officer, Barun to make a fresh inquiry regarding possession, and further sought a direction that the Circle Officer not act on that order as it was allegedly without jurisdiction. On hearing, counsel for the petitioner submitted that he would instead prefer a revision petition but for some delay. The Court disposed of the writ petition with the observation that if the revision petition is preferred within four weeks, the concerned authority/court shall take into account the facts narrated in the limitation petition and pass an appropriate order instead of straight away rejecting it.

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.12722 of 2025

======================================================

Kumar Shekhar Chandra Son of Chandra Samsher Jang Bahadur Singh R/oKarma Bhagwan, P.S.- Aurangabad, District- Aurangabad.

... ... Petitioner/s

Versus

The State of Bihar through Principal Secretary, Revenue Department, Govt. of Bihar.

The District Magistrate, Aurangabad.

The Land Reforms Deputy Collector, Aurangabad.

The Circle Officer, Barun, Aurangabad.

Gopal Prasad Singh, Son of Gupteshwar Singh R/o Vill.- Karma Bhagwan, P.S.- Aurangabad, Dist.- Aurangabad.

Abhimanayu Prasad Singh, Son of Gupteshwar Singh R/o Vill.- Karma Bhagwan, P.S.- Aurangabad, Dist.- Aurangabad.

Anju Singh, W/o Dilip Singh R/o Vill.- Karma Bhagwan, P.S.- Aurangabad, Dist.- Aurangabad.

Punam Singh, W/o Arbind Kumar Singh R/o Vill.- Karma Bhagwan, P.S.Aurangabad, Dist.- Aurangabad.

Manju Singh, D/o Vijay Bahadur Singh, W/o Baldeo Narayan Singh R/o Vill.- Chainpur, P.S.- Chainpur, Daltonganj, Dist.- Palamu, Jharkhand.

... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Jai Prakash Singh, Advocate For the Respondent/s : Mrs. Nutan Sahay, AC to AAG-12 ======================================================

CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER

2 07-08-2025 Heard the parties.

The present petition has been preferred for the

grant of following relief(s):

“(I) For quashing the order dated 05.07.2017 passed by the learned Land Reform Deputy Collector, Aurangabad, in Mutation Appeal Case No-64/2017 whereby and where

Patna High Court CWJC No.12722 of 2025(2) dt.07-08-2025 2/3

under the learned LRDC Aurangabad has disposed of the present case with a direction to the Circle Officer, Barun to made inquiry regarding the possession on the said land which is unwarranted as it is already finding of the Circle Officer, Barun relying upon the report of Halka Karamchari, Barun that the petioner has possession over the raiyati land.

(II) For a direction to the Circle Officer not to act upon the order dated 05.07.2017 passed by the learned LRDC, Aurangabad as the same is without jurisdiction.

(III) For any other relief/reliefs as the Petitioner may be entitled for the facts and circumstances of the case.”

Learned counsel for the petitioner after some argument submits that he shall be preferring revision petition but there has been some delay.

If such petition is preferred in next four weeks, concerned authority/court to take into account the facts narrated in the limitation petition and pass an appropriate order instead of straight away rejecting it.

Patna High Court CWJC No.12722 of 2025(2) dt.07-08-2025 3/3

The writ petition stands disposed of with the

aforesaid observation.

(Rajiv Roy, J)

vinayak/-

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