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Patna High Court

Kameshwar ThakurversusThe State Of Bihar and Ors

Decided
Disposal
CONSIGNED

Holding

The petition was dismissed as the petitioner failed to comply with the procedural requirement of filing a joint petition, and the orders were not set aside.

Summary

Petitioner Kameshwar Thakur filed a writ petition in the Patna High Court seeking certiorari to set aside two orders: one dated 15 February 2018 issued by the Director of Consolidation, Bihar, and another dated 31 January 1998 issued by the Deputy Director of Consolidation, Vaishali, both under the Consolidation Act. The orders directed correction of the consolidation record of land Khesra No.55 in Tajpur village and its amalgamation into Khesra No.58 belonging to the petitioner. The petitioner alleged that the orders were illegal and sought their quashing along with any other reliefs. The court granted a two‑week period to file a joint petition, which was not complied with, leading to its rejection on 17 February 2026. The matter was then perused and the file consigned, resulting in the dismissal of the petition.

Issues considered

  • Whether the orders dated 15‑02‑2018 and 31‑01‑1998 passed under the Consolidation Act can be set aside by a writ of certiorari.
  • Whether the petitioner has locus standi to challenge the consolidation records.
  • Whether the procedural requirement of filing a joint petition was complied with.

Legislation cited

Subjects

  • writ of certiorari
  • land consolidation
  • revision order
  • procedural compliance
  • jurisdiction

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.13490 of 2018
                 ======================================================
                 Kameshwar Thakur Son of Late Nagdeo Thakur Resident of Village-Tajpur
                 Kharika, Police Station-Bidupur, District- Vaishali.    ... ... Petitioner/s
                                                    Versus
           1.     The State Of Bihar
           2.    The Principal Secretary, Department of Revenue and Land Reforms,
                 Government of Bihar, Patna.
           3.    The Director, Consolidation, Bihar,Patna.
           4.    The Deputy Director, Consolidation, Vaishali at Hazipur null null
           5.    The Consolidation Officer, Bidupur, District- Vaishali.
           6.    The Circle Officer, Bidupur, District-Vaishali.
           7.    Bhushan Singh,son of Late Kalika Singh
           8.     Rameshwar Singh, son of late ram Padrath Singh Both 7 and 8 are Resident
                  of Village- Tajpur Kharika
                                                                        ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :          Mr.Pranav Kumar Jha, Advocate
                 For the Respondent/s   :          Mr.Md. Khurshid Alam- Aag12
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

5   24-03-2026                 Heard the parties.

                               2. The present petition has been preferred for the

                   following relief/s:

                                            (i) for issuance of an appropriate writ/writs

                                            and order/orders in the nature of certiorari

                                            for setting aside/quashing of the order dated

                                            15.2.2018 passed in Consolidation Revision

                                            Case     No.    344/2017     by    the   Director,

                                            Consolidation Bihar, Patna (Respondent

                                            No.3) and as much as the order dated

                                            31.1.1998 passed in Case No.1278/97 by the
         Patna High Court CWJC No.13490 of 2018(5) dt.24-03-2026
                                                    2/2




                                           learned Deputy Director, Consolidation,

                                           Vaishali U/S 33(A) of the Consolidation Act,

                                           by which the Respondent no.4 has directed

                                           to correct the consolidation record as per the

                                           prayer made by the Private Respondents No.

                                           7 and 8 related to the land bearing

                                           Revisional Survey Khesra No.55 situated in

                                           village-Tajpur,         Kharika,   Thana   No.433

                                           within Circle Bidupur, District-Vaishali and

                                           further after such correction of the aforesaid

                                           land be amalgamated in the Khesra No.58 of

                                           the petitioners and further for any other

                                           relief or reliefs for which the petitioner is

                                           found entitled in the facts and circumstances

                                           of this case.

                               3. On 03.02.2026, two weeks’ time was granted to file

                   jointness petition.

                               4. As the same was not complied, it stood rejected on

                   17.02.2026.

                               5. Perused the file, consigned.

                                                             (Rajiv Roy, J)
Ravi/-
U


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