Patna High Court
Imran KhanversusThe State Of Bihar and Ors
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The petition is dismissed as no case is made out against the respondents.
Summary
Imran Khan (petitioner) claimed that he had paid Rs.19,55,000 for the Raj Deohari land in Bettiah after winning an open bid, but the same land was later re‑auctioned to Chandan Kumar, prompting him to seek a refund with interest and damages. The petitioner also sought a declaration that the subsequent auction was illegal. The Executive Officer of Bettiah Nagar Parishad (respondent no. 6) filed a counter‑affidavit stating that a partial amount of Rs.4,64,400 had already been refunded to the petitioner on 10 January 2017. The Court examined the pleadings and found that the petitioner had not established any right to a further refund or that the later auction was void. Consequently, the Court held that no case was made out against the respondents. The writ petition was therefore disposed of without granting any relief.
Issues considered
- What entitlement, if any, does the petitioner have to a refund of the amount paid for the Raj Deohari land?
- Whether the subsequent auction of the same land to Chandan Kumar is illegal and contrary to law.
- Whether the petitioner is entitled to interest, damages, and compensation.
Subjects
- refund
- land auction
- public authority
- civil writ jurisdiction
- interest
- damages
- declaration
- petition dismissed
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.14363 of 2014
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Imran Khan son of Abdul Hameed Khan resident of Mohalla - Purani Gudri,
WArd No. 10 Bettiah, P.S. Bettiah Town, District - West Champaran
... ... Petitioner/s
Versus
1. The State Of Bihar
2. The Principal Secretary, Department of Urban Development and Housing
Department Govt. of Bihar, Patna
3. The Member, Board of Revenue, Govt. of Bihar, Patna
4. The District Magistrate, Bettiah, West Champaran
5. The Administrator - Cum - Manager, Bettiah Estate, West Champaran,
Bettiah
6. The Executive Officer, Nagar Parishad, Bettiah, West Champaran
7. Chandan Kumar son of Sri Nagendra Prasad resident of Kalibagh, Bulaki
Singh Chowk, P.S. Bettiah Town, District - West Champaran
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashok Kumar Gupta, Advocate
For the Respondent/s : Mr. Vijay Kr. Singh, AC to SC-18
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 19-01-2026 Heard Mr. Subodh Kumar Jha, learned counsel for the
petitioner duly assisted by Mr. Ashok Kumar Gupta and the
State.
2. The present petition has been preferred for the
following relief(s):
“(i) For a direction upon the
(Respondent no. 6) Executive Officer, Nagar
Parishad Bettiah to refund the amount deposited by
the petitioner (Rs. 19,55,000/-) together with
Patna High Court CWJC No.14363 of 2014(3) dt.19-01-2026
2/3
interest @ 18% damages and compensation in the
light of advertisement dated 09.04.14 issued by
Executive Officer, Bettiah Nagar Parishad whereby
as provided by Nagar Parishad Bettiah land of Raj
Deohari was given through bid in favour of the
petitioner in open bid has been settled by Executive
Officer, Nagar Parishad Bettiah and demarketed
by Raj Deohri for Taxi stand.
(ii) For declaration that subsequent
auction/settlement of the same land i.e. Raj
Deohari has also been made by Bettiah Raj vide
advertisement dated 24.05.14 and been settled to
one Chandan Kumar be bad and contrary to settled
principle of law.
(iii) For issuance of any other
appropriate writ and/or direction in the matter
considering the facts and circumstances of this
case.”
3. A counter-affidavit has come on behalf of the
respondent no. 6 and the learned State counsel has taken this
Court to paragraph-13 to show that the 4% amount pursuant to
the decision taken by the Board of Nagar Parishad, Bettiah of
Patna High Court CWJC No.14363 of 2014(3) dt.19-01-2026
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Rs. 4,64,400/- against the settlement of Raj Dewari Taxi Stand,
Bettiha has already been refunded to the writ petitioner on
10.01.2017.
4. This Court is convinced that no case is made out.
5. Accordingly, the writ petition stands disposed of.
(Rajiv Roy, J)
Adnan/-
U
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