Patna High Court
Syed Mohammad SadruddinversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The court held that the revenue authorities must act on the petitioners' application, conduct necessary verification, and the Collector must resolve the grievance and correct the revenue records within six months.
Summary
The petitioners, Syed Mohammad Sadruddin and Syed Mohamamd Saghiruddin, claimed ancestral ownership of extensive land parcels in Jehanabad and sought correction of the computerized revenue records, issuance of rent receipts, and removal of a restriction on transfer imposed by the revenue authorities. The respondents, representing the State of Bihar, argued that the land was placed under a restricted category due to doubts about title or its nature as government land, and that mere filing of an online application does not automatically entitle the petitioners to a correction without field verification and legal scrutiny. The court rejected the respondents' stance as derogatory, emphasizing that revenue authorities have a duty to process each application in accordance with law and within a reasonable time. It directed the District Collector to examine the grievance, consider the counter‑affidavit, and issue a final decision within six months of a proper petition being filed. The petition was disposed of with these observations, and the petitioners were advised to file a fresh petition within eight weeks.
Issues considered
- Whether the revenue authorities are obligated to correct computerized revenue records upon receipt of an application without prior field verification.
- Whether the restriction on transfer of the land can be lifted in the absence of a definitive title dispute.
- Whether denial of rent receipts is justified under the government guidelines for restricted land.
- Whether the court can direct the revenue authorities to resolve the petitioner's grievance within a specified time frame.
Subjects
- land revenue
- restricted land
- rent receipt
- computerized revenue records
- field verification
- writ petition
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.13044 of 2025
======================================================
1. Syed Mohammad Sadruddin Son of Md. Shah Serajuddin Resident of
Village-Bibipur, Post Office and Police Station-Kako District-Jehanabad.
2. Syed Mohamamd Saghiruddin Son of Md. Shah Serajuddin Resident of
Village-Bibipur, Post Office and Police Station-Kako District-Jehanabad.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of Revenue
and Land Reforms, Government of Bihar, Patna.
2. The Distirct Collector, Jehanabad.
3. The Additional Collector, District-Jehanabad.
4. The Deputy Collector Land Reforms, Jehanabad.
5. The Anchal ASdhikari, kako, District-Jehanabad.
6. The District Sub Registrar, District-Jehanabad.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dhirendra Kumar Jha, Adv.
For the Respondent/s : Mr. Government Pleader (11)
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
4 07-04-2026 Heard Mr. Dhirendra Kumar Jha, learned counsel for
the petitioner and Ms. Dimpal Kumari representing the State.
2. The present application has been preferred for the
following relief(s):
I) for directing the Respondent
Authorities to make necessary correction in
the Computerised Revenue Account/Demand
of the land in question which belongs to the
petitioner and for which the petitioner has
made proper applications long back.
II) for also directing the
Patna High Court CWJC No.13044 of 2025(4) dt.07-04-2026
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Respondent authorities consequentially to
accept rent of the land in question from the
petitioner and grant Rent Receipts as they
used to do earlier.
III) for also directing the
Respondent No. 6 the District Sub Registrar
or any other Respondent to left the
Restriction imposed on transfer of the land
which is part of the land in question due to
which petitioner is not in a position to
transfer the land to meet his personal
requirement.
IV) for any other relief or reliefs
for which the petitioner may be found
entitled in the facts and circumstances of the
case.
3. The details of the land is/are as follows:
That the lands in question involved in the
present case are: Lands contained in Mauza Kako
and Bibipur Thana No. 464 and 465 respectively in
Khata Nos. 3 Khesra No. 387, area-43 decimal
Khata No. 08, Khesra No. 374 area- 52
decimal, Khata No. 8 Khesra No. 384 area- 13
decimal, Khata No. 09 Khesra No. 378. Area- 4
decimal, Khata No. 10 Khesra No. 388 area 32
decimal. Khata No. 10, Khesra No. 389 area- 60
decimal, Khata No. 10 Khesra No. 391 area- 57
decimal, Khata No. 10 Khesra No. 392 area- 33
decimal, Khata No. 10, Khesra Nio. 385 area- 20.5
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decimal, Khata No. 26 Khesra No. 312 Area- 15
decimal, Khata No. 26 Khesra No. 596 area 02
decimal, Khata No. 26 Khesra No. 599 area- 03
decimal, Khata No. 35 Khesra No. 598 area- 06
decimal, Khata No. 57 Khesra No. 600 area- 04
decimal, Khata No. 61 Khesra No. 489 area- 06
decimal, Khata No. 66 Khesra No. 430 area- 04
decimal, Khata No. 69 Khesra No. 425 area-05
decimal, Khata No. 93 Khesra No. 415 area- 03
decimal, Khata No. 115 Khesra No. 593 area- 06
decimal, Khata No. 115 Khesra No. 595 area- 03
decimal, Khata No. 116 Khesra No. 305 area-06
decimal, Khata No. 125 Khesra No. 587 area-03
decimal, Khata No. 126 Khesra No. 597 area- 02
decimal, Khata No. 129 Khesra No. 594 area- 05
decimal, Khata No. 160 Khesra No. 627 area- 12
decimal, Khata No. 160 Khesra No. 628 area- 29
decimal. Khata No. 161 Khesra No. 626 area- 14
decimal, Khata No. 165 Khesra No. 364 area- 46
decimal, Khata No. 165 Khesra No. 434 area-355
decimal, Khata No. 165 Khesra No. 584 area- 10
decimal, Khata No. 166 Khesra No. 436 area 15.5
decimal, Total Land Area-869 decimals.
Mauza- Kako
Khata No. 1057 Khesra No. 6578 area-
119 decimal, Khata No. 1057 Khesra No. 6581
area- 98 decimal, Khata No. 413 Khesra No. 5883
area- 04, Khata No. 2371 Khesra No. 6580 area-
67 decimal, Khata No. 1102 Khesra No. 6582 area-
73 decimal, Khata No. 1102 Khesra No. 6584 area
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64 decimal, Khata No. 1102 Khesra No. 5015 area-
08 decimal, Khata No. 1102 Khesra No. 682 area
32 decimal, Khata No. 1102 Khesra No. 5155 area
09 decimal, Khata No. 1102 Khesra No. 63 area-
43 decimal, Khata No. 1102 Khesra No. 67 area-07
decimal, Khata No. 1102 Khesra No. 70 area 78
decimal, Khata No. 1102 Khesra No. 83 area-11
decimal, Khata No. 1102 Khesra No. 253, Area- 16
decimal, Khata No. 525 Khesra No. 6826 area- 02
decimal, Khata No. 526 Khesra No. 2440 area-35
decimal, Khata No. 526 Khesra No. 3508 area-02
decimal, Khata No. 526 Khesra No. 3414 area- 25
decfimal, Khata No. 526 Khesra No. 5165 area
12.5 decimal, Khata No. 526 Khesra No. 6910 area
34 decimal, Khata No. 526 Khesra No. 6955 area-
64 decimal, Khata No. 526 Khesra No. 7037 area-
07 decimal, Khata No. 526 Khesra No. 3855 area-
49 decimal, Khata No. 2169 Khesra No. 6591 area
36 decimal, Khata No. 2169 Khesra No. 6590
area- 30, Khata No. 293 Khesra No. 6372 area-09,
Khata No. 293 Khesra No. 6357 area- 02 decimal,
Khata No. 293 Khesra No. 5260 area- 07 decimal,
Khata No. 293 Khesra No. 6845 area-07 decimal,
Khata No. 293 Khesra No. 4291area- 14 decimal,
Khata No. 293 Khesra No. 6342 area- 14 decimal,
Khata No. 476 Khesra No. 2510 area- 11.5
decimal, Khata No. 476 Khesra No. 2524 area- 50
decimal, Khata No. 476 Khesra No. 3478 area- 07
decimal, Khata No. 214 Khesra No. 6568 area- 78
decimal, Khata No. 265 Khesra No. 1525 area- 37.
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Total Land Area- 1162 decimal.
4. The claim of the petitioners is/are that the lands
belong to their ancestors, returns filed and jamabandis created.
However, the computerized revenue account/ demand of the
land in question needs to be updated and the rent receipts have
been denied be issued to them on the ground that the land has
been put under the restricted list.
5. A counter affidavit has come on behalf of the
respondent nos. 2 to 6 and paragraphs 14 and 15 records that it
has been put under the restricted category as per the
Government guidelines in such cases where title, classification
or legality of transfer is doubtful or the land is in nature of
Government land. However, paragraph 15 of the counter
affidavit also records that it is preventive and regulatory, not
punitive.
6. However, in paragraph 14, the State respondents
record that mere filing of online application does not create any
automatic right for the correction of the revenue records and as
such, each and every application is required to undergo field
verification, comparison with survey and settlement records and
only after legal scrutiny by the competent authority, can be
taken to its logical conclusion.
7. Having heard the parties, this Court fails to
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understand the logic behind the said statement made in
paragraph 14. An application has been preferred by the
petitioners before the concerned revenue authority. They are
aggrieved and claim is that it belongs to their ancestor but lately,
rent receipts have been denied as the lands have been put under
the restricted category which may be restored.
8. In that background, to take a stand (by the
respondents) that merely because an application has been filed,
cannot result into an order in favour of the petitioner, in the
opinion of this Court, is highly derogatory. The revenue
authorities has/have the duty to take up each and every
application and let the same be concluded in accordance with
law and within permissible time. The petitioners preferred
application on which they have to act. The petitioners have not
objected to their field verification, comparison with survey/
settlement records. If there is any requirement, those making
application has to be informed and/or documents sought for.
9. But, they cannot be allowed to just incorporate and
not actually act.
10. In that background, this Court directs the
Collector, Jehanabad to look into the matter , the grievance of
the petitioner, the counter affidavit filed on behalf of the
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respondents and after getting the report and bearing the parties
to take it to a logical conclusion within a period of six months
from the date the petitioners file a proper petition.
11. Learned counsel for the petitioner submits that
fresh petition shall be filed within eight weeks from today.
12. The writ petition is disposed of with aforesaid
observation.
(Rajiv Roy, J)
Vijay Singh/-
U
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