Awadh Kumar Dubey Vs The State of Bihar — Writ and Judicial Review | Patna HC (2026)

Awadh Kumar Dubey Vs The State of Bihar — Writ and Judicial Review | Patna HC (2026)

What the court decided

AI extract

Outcome

Withdrawal permitted; writ application disposed of with liberty to file an application before the Divisional Commissioner, Bhagalpur with all supporting documents within three weeks; the Divisional Commissioner to decide the claims after necessary enquiries and cross-examination with the District Authority within six weeks thereafter; any limitation objection to be considered in view of the petitioner's pursuit of the matter before this Court under Article 226 of the Constitution of India.

Issue for consideration

Whether the order dated 10.03.2026 passed by the Collector-cum-District Magistrate, Bhojpur and the order dated 24.09.2025 passed by the Sub Divisional Complaint Redressal Officer, Kahalgaon should be quashed. +1 more

Ratio / Principle

The prayer for withdrawal is allowed and the writ application is disposed of with liberty to the petitioner to file an application before the Divisional Commissioner, Bhagalpur with all supporting documents within three weeks henceforth.

Key takeaways

Thereafter, the Divisional Commissioner, Bhagalpur is expected to decide the claims of the petitioner after conducting necessary enquiries, if any, to ascertain the veracity of the claims by cross-examining them with the District Authority, within six weeks thereafter.ratio¶26
If any question of limitation arises before the competent authority, it shall be considered taking into consideration the fact that the petitioner was pursuing the issue before this Court under Article 226 of the Constitution of India.obiter¶29

Detailed headnote1 paragraphs

PATNA HIGH COURT (Rana Vikram Singh, J.), Oral Order dated 29-06-2026 in CWJC No.8606 of 2026: Awadh Kumar Dubey challenged an order dated 10.03.2026 of the Collector-cum-District Magistrate, Bhojpur and an order dated 24.09.2025 of the Sub Divisional Complaint Redressal Officer, Kahalgaon, and sought release of his khatiyani land allegedly illegally acquired by the respondents, on whom a road was built. On the State's submission that the Collector's order (Annexure-P/6) held that the petitioner produced no document of right, the petition was permitted to be withdrawn and disposed of with liberty to approach the Divisional Commissioner, Bhagalpur with all grounds, pleas and supporting documents within three weeks; the Divisional Commissioner was expected to decide the claims after necessary enquiries and cross-examination with the District Authority within six weeks thereafter; any limitation question was to be considered having regard to the pendency before the High Court under Article 226 of the Constitution.

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.8606 of 2026

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

Awadh Kumar Dubey Son of Pramod Kumar Dubey, Resident of VillageSanokhar, P.S.-Kahalgaon, District-Bhagalpur.

... ... Petitioner

Versus

The State of Bihar through Principal Secretary, Revenue and Land Reforms. Govt. of Bihar, Patna.

The Principal Secretary, Revenue and Land Reforms, Govt. of Bihar, Patna.

The Divisional Commissioner, Bhagalpur.

The Collector-Cum-District Magistrate, Bhagalpur.

The Deputy Development Officer, Bhagalpur, District-Bhagalpur.

The Addl. Collector, Bhagalpur, District-Bhagalpur.

The Sub Divisional Officer, Kahalgaon, District-Bhagalpur.

The Land Acqusition Officer, Bhagalpur, District-Bhagalpur.

The Anchaladhikari, Sanhaula, District-Bhagalpur.

The Executive Engineer, Rural Works Department, Work Division, Kahalgaon, District-Bhagalpur.

... ... Respondents

====================================================== Appearance : For the Petitioner : Ms. Isha Mishra, Advocate Mr. Sharda Nand Mishra, Advocate Ms. Isha Mishra, Advocate For the Respondents : Mr. Rajnish Shandilya, A.C. to G.A. 11 ======================================================

CORAM: HONOURABLE MR. JUSTICE RANA VIKRAM SINGH ORAL ORDER

2 29-06-2026

Ms. Isha Mishra, learned counsel for the petitioner

appears and submits argument assailing the orders dated 10.03.2026 passed by the Collector-cum-District Magistrate, Bhojpur and also for quashing the order dated 24.09.2025 passed by the Sub Divisional Complaint Redressal Officer, Kahalgaon and has also submitted that a direction may be issued to the respondents to release the khatiyani land of the petitioner

Patna High Court CWJC No.8606 of 2026(2) dt.29-06-2026 2/3

which has illegally been acquired by the respondents and they have also constructed a road thereon.

Learned counsel for the State submits that the Collector in his order dated 10.03.2026 as placed vide Annexure-P/6 has given a categorical finding that petitioner did not produce any document in support of his right. In view of the matter, the petitioner may be given liberty to file an appeal before the Divisional Commissioner, Bhagalpur taking all the grounds and pleas which has been taken in this writ application.

In this backdrop, petitioner prays for withdrawal of the writ application with liberty to file a proper application before the Divisional Commissioner, Bhagalpur taking all the grounds and pleas which has been taken herein with supporting documents.

Accordingly the prayer is allowed and the writ application is disposed of with liberty to the petitioner to file an application before the Divisional Commissioner, Bhagalpur with all supporting documents within three weeks henceforth and thereafter Divisional Commissioner, Bhagalpur is expected to decide claims of the petitioner after conducting necessary enquiries, if any, in order to ascertain the veracity of the claims by cross-examining it from the District Authority within six

Patna High Court CWJC No.8606 of 2026(2) dt.29-06-2026 3/3

weeks thereafter.

It goes without saying that if any question of limitation arises before the competent authority, the same shall be considered taking into consideration the fact that the petitioner was pursuing the issue before this Court under Article 226 of the Constitution of India.

(Rana Vikram Singh, J)

smriti/prakash-

U