Created by Fuzzy Cloud

Patna High Court

Md. Ahsan @ Md. AhshanversusThe State of Bihar

Decided
Disposal
DISPOSED

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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.