Patna High Court
Md. Ahsan @ Md. AhshanversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PURNENDU SINGH
Holding
The writ petition is dismissed as the appropriate remedy lies with the Bihar Land Tribunal or a civil court.
Summary
Petitioner Md. Ahsan filed a writ petition seeking a certiorari to quash several orders of rent fixation, mutation, and related appeals and revisions issued by the Circle Officer, Land Reform Deputy Collector, and Collector of Begusarai, and also sought a mandamus to restrain further oppression of those orders. The High Court observed that the petitioner had already been rejected by all revenue authorities and that the appropriate remedy lay in approaching the Bihar Land Tribunal or a civil court for a declaration of title. Consequently, the Court held that the writ petition was not the proper forum for relief. The petition was therefore disposed of without granting any of the reliefs sought. The decision underscores that revenue matters must be pursued through the designated statutory tribunals or courts rather than through writ jurisdiction.
Issues considered
- What relief, if any, can be granted by a writ petition challenging revenue orders of rent fixation and mutation?
- Whether the High Court can entertain a writ petition when the petitioner has exhausted remedies before revenue authorities
Subjects
- rent fixation
- mutation
- writ petition
- certiorari
- mandamus
- land reform
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.14157 of 2021
======================================================
Md. Ahsan @ Md. Ahshan S/o Md. Sultan Resident of Village- Teghra Purani
Bazar Bajalpura, P.S.- Teghra, Distt- Begusarai.
... ... Petitioner/s
Versus
1. The State of Bihar through Collector Begusarai.
2. The Collector, Begusarai, District- Begusarai.
3. The Land Reform Deputy Collector (LRDC), Teghra, District Begusarai.
4. The Circle Officer, Teghra, Circle Office Teghra, District Begusarai.
5. Md. Rizwan S/o Late Md. Salim R/o Teghra, Purani Bazar, Bajalpura, P.S.-
Teghra, District- Begusarai.
6. Md. Furquan S/o Late Md. Salim R/o Teghra, Purani Bazar, Bajalpura, P.S.-
Teghra, District- Begusarai.
7. Md. Nabi Hasan S/o Late Md. Salim R/o Teghra, Purani Bazar, Bajalpura,
P.S.- Teghra, District- Begusarai.
8. Md. Shaukat S/o Late Md. Salim R/o Teghra, Purani Bazar, Bajalpura, P.S.-
Teghra, District- Begusarai.
9. Md. Habib S/o Late Md. Salim R/o Teghra, Purani Bazar, Bajalpura, P.S.-
Teghra, District- Begusarai.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ram Jiban Pd. Singh, Advocate.
For the Respondent/s : Mr.Md. Khurshid Alam, AAG-12.
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
4 07-01-2026 Heard learned counsel appearing on behalf of the
petitioner and learned counsel for the respondents.
2. The petitioner in paragraph no. 1 of the present writ
petition has sought, inter alia, following relief(s), which is
reproduced hereinafter:-
“1. (i) To issue a writ in the nature of certiorari
or any other appropriate writ/s, order/s, direction/s for
quashing the following:-
The order dt. 25/11/11 passed in Rent Fixation
Case No. 1/11-12 by the Resp. Circle Officer Teghra, the
Patna High Court CWJC No.14157 of 2021(4) dt.07-01-2026
2/2
order dt. 26.9.2013 passed in Rent Fixation Appeal Case
No. 6/13 by the Resp. Land Reform Deputy Collector
(LRDC) Teghra and the order dt. 25.2.2020 passed by the
Resp. Collector Begusarai in the Rent Fixation Revision
No. 24/2014 by which and there under rejecting the
application filed by the petitioner for mutation and fixation
of Rent subsequently Appeal and Revision were also
dismissed.
ii) To issue a writ in the nature of mandamus
directing the respondents not to proceed for oppression of
the order during pending disposal of this writ petition.
iii) To issue any other appropriate writ/s,
order/s, direction/s as Your Lordships may deem fit and
proper in light of facts and circumstances of the case.
3. Considering the nature of relief as sought for in the
present writ petition and the fact that petitioner has lost before
all the Revenue Authorities, the petitioner, if so advised, may
avail appropriate remedy before the Bihar Land Tribunal or
before the concerned Civil Court for declaration of title.
4. The writ petition, accordingly, stands disposed of.
(Purnendu Singh, J)
mantreshwar/-
U
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