Patna High Court
Ashraf @ Md. Ashraf DarjiversusThe State of Bihar through the Chief Secretary,
- Decided
- Disposal
- DISPOSED
Holding
The orders dated 15‑10‑2019 and 12‑02‑2020 are quashed, and the Circle Officer is to be replaced with a competent officer to rehear the matter.
Summary
The petitioner, Ashraf Darji, claimed ownership of ancestral homestead land (Khata No. 50, Plot No. 572) based on a deed of gift dated 1917 and alleged that respondents 9 and 10 illegally encroached on the land. He sought a writ of certiorari to quash orders dated 15‑10‑2019 by the Circle Officer and 12‑02‑2020 by the Deputy Collector, alleging that the officers relied on a manipulated genealogy and acted mala‑fide without proper verification. The High Court examined the genealogy, found that the branch of the petitioner's father was omitted, and concluded that the officers failed to apply their mind and exceeded jurisdiction. Consequently, the Court set aside both orders, directed the replacement of the Circle Officer, and ordered a fresh hearing in accordance with law. The writ petition was thereafter disposed of.
Issues considered
- Whether the orders of the Circle Officer and the Deputy Collector in the land‑dispute matters are liable to be quashed for lack of jurisdiction and failure to consider the correct genealogical evidence.
- Whether the Circle Officer acted mala‑fide and violated principles of natural justice in passing the order dated 10‑10‑2019.
- Whether the replacement of the Circle Officer and a fresh adjudication are appropriate remedies.
Subjects
- land dispute
- certiorari
- circle officer
- mala fide
- jurisdiction
- possession
- land reforms
- genealogy
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.12869 of 2021
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Ashraf @ Md. Ashraf Darji son of Late Md. Aabid Resident of village -
Harlakhi, P.S. Harlakhi, District- Madhubani.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
2. The Collector, Madhubani.
3. The Senior Superintendent of Police, Madhubani.
4. The Sub Division officer, benipatti, Madhubani.
5. The Sub Division police officer, Benipatti, Madhubani.
6. The Land Reforms Deputy Collector, Benipatti, Madhubani.
7. The Circle officer, Harlakhi, Madhubnani.
8. The Station House officer, Harlakhi, Madhubani.
9. Md. Sadre Darji son of Late Kasim Darji resident of village - Harlakhi, P.S.
Harlakhi, District- Madhubani.
10. Md. Anwar Darji son of Late Kasim Darji resident of village - Harlakhi, P.S.
- Harlakhi, District- Madhubani.
11. Shashi Bhusan Prasad, Then circle officer Harlakhi.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Jagnnath Singh, Advocate.
For the Respondent/s : Mr. Vivekanand Nand Singh, AC to GP-18.
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
6 07-01-2026 Heard learned counsel appearing on behalf of the
petitioner and learned counsel for the State.
2. The petitioner in paragraph no. 1 of the present writ
petition has sought, inter alia, following relief(s), which is
reproduced hereinafter:-
“That this is an application for issuance of a
writ in the nature of Certiorari or any other appropriate
writ/rule for quashing the order dated 12.02.2020 passed in
land dispute Miscellaneous Appeal Case No. 01/2019
passed by the learned Land Reforms Deputy Collector,
Benipatti, Madhubani (Respondent No. 6) as also the order
dated 15.10.2019 passed in Misc. Case No. 02/2019-20
passed by Circle Officer, Harlakhi (Respondent No. 7) who
by complicating the case directing both the parties i.e.
Petitioner and Private Respondent No. 9 & 10 to place
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their case before the court of learned Sub Judge, Benipatti
by misplacing the case and corroborating the wrong facts of
genealogical table which would be apparent from Khatiyan
of Khata No. 410 and other documents showing compliance
of order dated 23.07.2019 passed in CWJC No. 1368/2018
(Annexure-7) passed by this Hon'ble Court and thereby
directing the respondent specially respondent No. 7, the
Circle Officer, Harlakhi, Madhubani to demarcate the land
of the petitioner in presence of the law enforcing agency by
fencing the same with the boundary wall bearing Khata No.
50, Plot No. 572, Area 7 Kattha 05 Dhur on 14.06.1917
(Annexure-2) standing in the name of the father of the
petitioner Late Md. Aabid which was transferred by a deed
of gift (Ataynama) in favour of his grandfather Rahman
Darji
And/Or
Any other relief/reliefs, writ/writs,
direction/directions as may deem fit in the facts and
circumstances of the present case.
3. The brief facts of the case are that the petitioner
claims himself to be the Khatiyani Raiyat of the homestead land
bearing Khata No. 50, Plot No. 572, admeasuring 07 Kaththa 05
Dhur, situated at Village–Harlakhi Tole Birta, P.S. Harlakhi,
District–Madhubani, which stands duly recorded in the Survey
Khatiyan in the name of his father Late Md. Aabid, and the said
property is ancestral in character, the petitioner and his
predecessors-in-interest having been in continuous, peaceful and
uninterrupted possession thereof since the time of his
grandfather Rahman Darji, who derived title by virtue of a
registered deed of gift dated 14.06.1917; it is the specific case of
the petitioner that Respondent Nos. 9 and 10, without any
semblance of right, title or interest, have illegally interfered and
attempted to dispossess the petitioner by raising pucca
construction over the said land by use of force, muscle power
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and money power, thereby creating a serious threat to the
petitioner’s life and property. Thereafter, the petitioner
approached the Station House Officer, Harlakhi on 15.12.2017
and subsequently the Superintendent of Police, Madhubani and
the Collector, Madhubani, seeking protection and preventive
action in accordance with law. In spite of such representations,
no effective or meaningful action was taken by the respondent
authorities, compelling the petitioner to invoke the extraordinary
jurisdiction of this Court for redressal of his grievance.
4. The parties, at the outset, have informed this Court
that the genealogy contained in Annexure-9/1 on the basis of
which the petitioner has claimed his right is a manipulated one
prepared by the Circle Officer for his own benefit, causing much
inconvenience to both the petitioner and the respondent nos.9
and 10 leading to filing of the present writ petition.
5. I have perused the genealogy, the party position and
the cause title of the present writ petition, I find that nowhere
Branch of late Md. Aabid has been referred in the genealogy so
prepared by the Circle Officer on 10.10.2019.
6. The impugned order dated 15.10.2019 passed in
Misc. Case No. 02/2019-20 (Annexure-8) by the Circle Officer,
Harlakhi and order dated 12.02.2020 passed in Land Dispute
Miscellaneous Appeal Case No. 01/2019 by the Deputy
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Collector Land Reforms, Benipatti, Madhubani (Annexure-10)
without taking into consideration the branches of late Md. Aabid
are set aside and quashed.
7. Petitioner is represented by Mr. Jagannath Singh,
learned counsel and Mr. Ramesh Kumar Chaudhary, represents
respondent nos. 9 and 10.
8. Respective counsels are directed to advise their
client, the petitioner of this case and the genuine owner of the
disputed land to approach the Circle Officer.
9. Action of the Circle Officer appears to be vested
with malafide, not based on the correct genealogy without
having verified from the Sarpanch of the Gram Panchayat or the
Mukhiya and has arbitrarily exercised his jurisdiction to pass the
order dated 10.10.2019.
10. This Court, upon considering the conduct and
approach of the Circle Officer concerned, finds that he has
failed to examine the matter in its proper perspective and has
not even adverted to the relevant aspects of the case, for reasons
best known to him, thereby reflecting a clear lack of due
application of mind; accordingly, this Court directs the
Additional Chief Secretary, Revenue and Land Reforms
Department, Government of Bihar, to replace the said Circle
Officer with another competent Circle Officer, who shall
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adjudicate the matter afresh and pass a reasoned and speaking
order strictly in accordance with law, after affording due and
adequate opportunity of hearing to all the concerned parties.
11. The writ petition, accordingly, stands disposed of.
(Purnendu Singh, J)
mantreshwar/-
U
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