Patna High Court
Najim KhanversusThe State Of Bihar and Ors
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
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
2/5
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
3/5
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
4/5
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
5/5
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
Checking your session…