Patna High Court
Manoranjan PathakversusThe State Of Bihar and Ors
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The Court held that since the representation was already disposed of and sent to a higher authority, no mandamus could be issued and the petition must be dismissed.
Summary
Manoranjan Pathak filed a writ petition in the Patna High Court seeking a mandamus directing the Collector of Buxar to dispose of his representation concerning a false and fabricated document allegedly created by respondents 5 and 6 relating to a parcel of land in Buxar. The petitioner alleged that the respondents had fabricated documents to affect his land rights. The Court observed that the representation had already been disposed of and the matter had been forwarded to a higher authority. Consequently, the Court found that there was no pending issue for it to adjudicate. The petition was therefore disposed of without granting any writ relief.
Issues considered
- Whether the High Court can issue a writ of mandamus directing the Collector to dispose of a representation that has already been concluded and referred to a higher authority.
Subjects
- Writ of Mandamus
- Land Reform
- False Document
- Representation Disposal
- High Court Petition
- Petition Dismissal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.17035 of 2018
======================================================
Manoranjan Pathak Son of Late Devendra Nath Pathak, Resident of Village-
Sarimpur, P.S. Simari, District Buxar.
... ... Petitioner/s
Versus
1. The State Of Bihar
2. The District Magistrate, Buxar.
3. The Deputy Collector, Land Reforms, Dumaron, Buxar.
4. The Circle Officer, Simari, Buxar.
5. Rajesh Yadav,
6. Bisharam Yadav, both S/o- Dhaman Yadav, Resident of Village- Dada Baba
Ka Dera, P.O.- Niyazipur, P.S.- Simari, District- Buxar.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rajiv Ranjan Kr. Pandey, Advocate
For the Respondent/s : Mr.Sajid Salim Khan -SC-25
For respondent no. 5 and 6 Mr. Binay Kumar, Advocate
Mr. K.K. Singh, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 09-02-2026 Heard Mr.Rajiv Ranjan Kr. Pandey, learned counsel
for the petitioner, the State as also learned counsel for
respondent nos. 5 and 6.
2. The present petition has been preferred for the
following relief/s:
(i) for issuance of an appropriate writ in the
nature of Mandamus commanding and
directing the Collector, Buxar, respondent
no-2 to dispose of the representation of the
petitioner by which he raise regarding false
and fabricated document created by
Patna High Court CWJC No.17035 of 2018(3) dt.09-02-2026
2/2
respondents no-5 & 6 relates to land bearing
Thana no-61, Khata No-385, Khesara no-
158 area 13 decimal situated at Mauza
Niyazipur Khurd, Anchal simri, District-
Buxar and also take appropriate action
against the respondent no-5 & 6;
(ii) for the issuance of any other writ/writs
order/orders, direction/directions which it
may be applicable in the facts and
circumstances of the case.
3. The petitioner came before this Court with a simple
prayer to dispose of his representation.
4. Learned counsel for the petitioner, at the outset,
submits that representation has been disposed of and the matter
has been sent to the higher authority.
5. In that background, nothing remains, expecting the
respondent to take the matter to its logical conclusion at an
earliest, if still not done, the writ petition is disposed of.
(Rajiv Roy, J)
Ravi/-
U
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