Patna High Court
Rashmi singhversusThe State of Bihar
- Decided
- Disposal
- CONSIGNED
- Bench
- RAJIV ROY
Holding
The petition was dismissed because the petitioner failed to comply with the peremptory order to remove defects within the stipulated time.
Summary
Rashmi Singh filed a writ petition challenging an ex parte order dated 10‑01‑2015 and a correction letter dated 26‑03‑2015 issued by the Circle Officer, Forbesganj under Section 48D of the Bihar Tenancy Act, 1885, which allegedly reduced her recorded land without notice or hearing. She also contested an order dated 31‑05‑2005 passed by the Land Reforms Deputy Collector under Section 48E on similar grounds of denial of natural justice. The petitioner sought quashing of the orders, restoration of her 33‑acre raiyati land, correction of revenue records, and issuance of rent receipts for the full area. The Court granted the petitioner four weeks on 26‑09‑2025 to remove the defects in the records, but the petitioner failed to comply. Consequently, the Court dismissed the petition on 07‑11‑2025, holding that the relief could not be granted due to non‑compliance with the peremptory order.
Issues considered
- Whether the ex parte orders under Sections 48D and 48E of the Bihar Tenancy Act, 1885, are void for violation of principles of natural justice.
- Whether the petitioner is entitled to restoration of her land and correction of revenue records without prior notice or hearing.
- Whether the Court can quash the orders and direct issuance of rent receipts in the absence of compliance with procedural requirements.
Legislation cited
- Bihar Tenancy Act, 1885 — s. 48D, 48E
Subjects
- natural justice
- due process
- Bihar Tenancy Act
- land reform
- quashing order
- writ petition
- ex parte order
- restoration of land
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.14285 of 2025
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Rashmi singh W/o- Lalit Mohan Singh, R/o- Flat No. 301, Uma Palace,
Nehru Path, Opp. Bihar Museum, Near Officers Flat, Jagat Amrawati
Apartment, Patna, P.O- G.P.O, P.S- Kotwali, District- Patna.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Revenue and Land
Reforms Department, Government of Bihar, Patna.
2. The Collector, Araria.
3. The Land Reforms Deputy Collector (LRDC), Forbesganj.
4. Raghu Tudoo, S/o- Manjhi Tudoo, R/o- Village- Saifganj, Parwaha, P.S-
Forbesganj, District- Araria.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shivam, Advocate
For the State : Mr. Addl. Advocate General 04
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
4 19-01-2026 Heard the parties.
2. The present petition has been preferred for the
grant of following relief(s):
“(i) for quashing and setting aside the
ex parte order dated 10.01.2015( Annexure P-3)
passed in Record No. 28/14-15 and the
correction letter issued in the name of private
respondent dated 26.03.2015 by the Learned
Circle Officer, Forbesganj under Section 48D of
the Bihar Tenancy Act, 1885, whereby land
measuring 0.80 decimal, situated in Mauza
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Saifganj, Khata No. 241, Khesra No. 1656
forming part of Jamabandi No. 440 and lawfully
recorded in the name of the petitioner which was
wrongfully deducted without issuance of notice
or grant of opportunity of hearing to the
petitioner. The petitioner respectfully submits
that she had no knowledge of the said
proceedings and became aware of the same only
upon recent communication from the Circle
Office.
(ii) issue a writ in the nature of
Certiorari for quashing and setting aside the
order dated 31.05.2005 (Annexure P-2) passed
by the Land Reforms Deputy Collector,
Forbesganj, in Mokadma Sankhya 806/94-95
under Section 48E of the Bihar Tenancy Act,
1885, on the ground that although the record of
the proceeding reflects the appearance of the
petitioner, the petitioner had no actual
knowledge of the same and was, therefore,
unable to appear or effectively present her case.
The impugned order, accordingly, stands vitiated
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for want of compliance with the principles of
natural justice and fair procedure.
(iii) declare that the impugned order
dated 10.01.2015, 26.03.2015 and 31.05.2005 is
void ab initio, non-Est, and of no legal
consequence, having been passed behind the
back of the Petitioners without giving them a fair
opportunity of being heard;
(iv) issue a writ in the nature of
mandamus, commanding the Respondent
Authorities, particularly the Circle Officer,
Forbesganj and the Land Reforms Deputy
Collector, Forbesganj, to forthwith restore the
petitioner's lawful raiyati land, measuring 33
acres 41 decimals and 500 square kadis, situated
in Mauza Saifganj, Thana No. 06, Khata Nos.
241 and 246, Khesra Nos. 1656 and 2039, which
had been wrongfully and arbitrarily reduced
from Jamabandi No. 440 without notice,
hearing, or participation of the petitioner, and to
rectify the revenue records accordingly,
including correction of the digitized records and
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issuance of rent receipts in respect of the full
area of 53 acres and 73 decimals lawfully
recorded and possessed by the petitioner;
(v) pass any other appropriate writ(s),
order(s), or direction(s) as this Hon'ble Court
may deem fit and proper in the interest of justice,
equity, and fair play.”
3. In this case on 26.09.2025, four weeks’ time was
granted to remove the defects.
4. As it was a peremptory order and not complied, it
stood dismissed on 07.11.2025.
5. Perused the file, consigned.
(Rajiv Roy, J)
vinayak/-
U
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