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Patna High Court

Najim KhanversusThe State Of Bihar and Ors

Decided
Disposal
DISPOSED

Holding

The order dated 24 July 2018 passed by the Sub‑Divisional Public Grievance Redressal Officer is quashed.

Summary

Najim Khan filed a writ petition challenging the order dated 24 July 2018 issued by the Sub‑Divisional Public Grievance Redressal Officer (SDPGRO) in Complaint Case No. 501210105051801511, alleging that the order violated Section 2(a) of the Bihar Right to Public Grievance Redressal Act, 2015 and that possession of the disputed land was forcibly handed over to respondent 7 despite a pending title suit (No. 25 of 2015) that had been dismissed by the Munsif Court. The petitioner sought quashing of the order, a mandamus directing restoration of possession, and other reliefs. The court examined an affidavit by the Circle Officer, which showed the land was recorded as ‘Gair Majarua Malik’ in the name of Tabarakh Khan, later sold to Sabnam Khatoon, and noted that respondent 7 had made false statements in her counter‑affidavit. Considering the statutory breach and the false affidavit, the court warned respondent 7 against future false statements and held that no further intervention by the High Court was required. Consequently, the order dated 24 July 2018 was quashed and the writ petition was disposed, with the parties directed to approach the appropriate civil court for any further relief.

Issues considered

  • Whether the order dated 24 July 2018 passed by the Sub‑Divisional Public Grievance Redressal Officer is ultra vires of Section 2(a) of the Bihar Right to Public Grievance Redressal Act, 2015.
  • Whether the order should be quashed and possession of the land restored to the petitioner.

Subjects

  • public grievance redressal
  • quashing order
  • possession
  • land dispute
  • Bihar Right to Public Grievance Redressal Act
  • certiorari
  • mandamus
  • false affidavit

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.17386 of 2018
                 ======================================================
                 Najim Khan S/o-Shri Ziyaul Haque, Resident of Ward No.-8, Narainapur,
                 P.O.P.S.-Ram Nagar, District-West Champaran.
                                                                          ... ... Petitioner/s
                                                   Versus
           1.     The State Of Bihar
           2.    The Sub-Divisional Public Grievance Redressal Officer, Bagha, West
                 Champaran.
           3.    Mr. Uday Shankar Mishra S/o not Known to the Petitioner Circle officer,
                 Block-Ram Nagar, District-West Champaran.
           4.    Mr. Rajeev Kumar Yadav S/o Not Known to the Petitioner S.H.O. Nagar
                 Police Station, District-West Champaran.
           5.    Mr. Raj Kishore Singh S/o NOt Known to the Petitioner S.I. of Police, Ram
                 Nagar Police Station, District-West Champaran.
           6.    Mr. Narendra Prasad Sahi, S/o Not Known to the Petitioner Bench Clerk
                 Peskar of the Court of Learned S.D.J.M., Bagha, District-West Champaran.
           7.     Smt. Jainul Khatoon, W/o-Late Serajul Khan, Resident of Ward no.-9,
                  Narainapur, P.O.P.S.-Ram Nagar, District-West Champaran.
                                                                        ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Shri Prakash Srivastava, Advocate
                 For the State            :        Mr. Md. Ndeem Seraj, GP-5
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

5   02-02-2026                    Heard the parties.

                                 2. The present petition has been preferred for the

                   grant of following relief(s):

                                              “(i) to issue a writ in the nature of certiorari

                                        for quashing of the order dated 24.07.2018

                                        (Annexure P/2) passed in Complaint Case No.

                                        501210105051801511 dated 05.05.2018 passed

                                        by the Respondent No. 2 in complete departure

                                        to the provisions mandate under Section 2 (a) of

                                        the Bihar Right to Public Grievance Redressal

                                        Act, 2015 and most surprisingly though the
Patna High Court CWJC No.17386 of 2018(5) dt.02-02-2026
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                             order was in complete departure to the mandate

                             of Section 2 (a) of the Bihar Right to Public

                             Grievance Redressal Act, 2015, but even then

                             with the aid and help of the Respondents No. 3 to

                             6 by using the force, handed over the possession

                             of the disputed land in favour of the Respondent

                             No. 7.

                                         (ii) to issue a writ in the nature of

                             certiorari for quashing of the order dated

                             24.07.2018 (Annexure P/2) passed in Complaint

                             Case       No.       501210105051801511    dated

                             05.05.2018 passed by the Respondent No. 2 in

                             complete departure to the provisions mandate

                             under Section 2 (a) of the Bihar Right to Public

                             Grievance Redressal Act, 2015, because the

                             Respondent No. 2 failed to appreciate that for

                             the same property a title suit bearing Title Suit

                             No. 25 of 2015 was filed by Aurangjeb Khan &

                             Others in the court of learned Munsif, Bagha,

                             West Champaran, which was dismissed by the

                             learned Munsif, Bagha, West Champaran on

                             02.11.2017, but even then, despite of disclosure
Patna High Court CWJC No.17386 of 2018(5) dt.02-02-2026
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                             of the dismissal of Title Suit No. 25 of 2015, the

                             Respondent No. 2 entertained the petition filed

                             by the Respondent No. 7 (though the Respondent

                             No. 7 was added as Plaintiff No. 4 in Title Suit

                             No. 25 of 2015) and passed the final order on

                             24.07.2018 and the same was executed by using

                             force by the Respondents No. 3 to 6.

                                         (iii) to issue a writ in the nature of

                             mandamus commanding the Respondents No. 2

                             to 6 to restore the possession of the lands of the

                             petitioner, forthwith.

                                         (iv) any other relief or reliefs in view

                             of the fact that;

                                         (a) for the property which was subject

                             matter         of       Complaint    Case       No.

                             501210105051801511 dated 05.05.2018 was

                             already been adjudicated by the Competent Civil

                             Court in Title Suit No. 25 of 2015 vide order

                             dated 02.11.2017 (Annexure-P/1).

                                         (b) the Respondent No. 2, in complete

                             departure to the mandate of Section 2 (a) of the

                             Bihar Right to Public Grievance Redressal Act,
Patna High Court CWJC No.17386 of 2018(5) dt.02-02-2026
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                             2015, adjudicated the dispute and compelled the

                             Respondents No. 3 to 6 to handover the

                             possession to the Respondent No. 7, which was

                             duly effected on 11.08.2018.”

                      3. Pursuant to the last order dated 05.01.2026, Mr.

          Ved Prakash, the Circle Officer, Ramnagar, West Champaran,

          Bettiah is present in the Court and affidavit has been filed. He

          has conducted an enquiry and has submitted that the land in

          question is recorded as ‘Gair Majarua Malik’, 6 dhurs of land is

          recorded in the name of Tabarakh Khan which now stands sold

          to Sabnam Khatoon who has constructed two storied building.

                      4. The Revenue Authorities demanded document from

          Sabnam Khatoon but she failed to produce it. It has been further

          recorded that father of the petitioner, Ziyaul Haque executed 3

          dhurs of land land in favour of Gayatri Devi who has also

          constructed two storied building on the land where she is

          residing.

                      5. In paragraph no.8, it has been recorded that

          respondent no.7 is not in possession of the land in question and

          she has made a false statement in the counter affidavit.

                      6. This Court refrains from taking appropriate legal

          action against the respondent no.7 who has made false affidavit
            Patna High Court CWJC No.17386 of 2018(5) dt.02-02-2026
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                      in the Court and warns her to remain cautious in future and in

                      case, any false affidavit is filed by her in future, the authorities

                      must take immediate penal action against her.

                                  7. This Court is further of the view that in the such

                      complex situation, no further step is to be required so far as this

                      Court is concerned. However, so far as the order passed by the

                      Sub-Divisional Public Grievance Redressal Officer dated

                      24.07.2018 is concerned, in view of the aforesaid developments,

                      the same has to go.

                                  8. Accordingly, the order dated 24.07.2018 passed by

                      the respondent no.2, the Sub-Divisional Public Grievance

                      Redressal Officer, Bagha, West Champaran stands quashed.

                                  9. The parties are free to approach the competent

                      court for the redressal of the grievance.

                                  10. The writ petition is disposed of with the aforesaid

                      observation.

                                  11. The personal appearance of the Circle Officer,

                      Ramnagar, West Champaran, Bettiah is dispensed with.



                                                    (Rajiv Roy, J)
vinayak/-

U


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