Patna High Court
Prithvi Nath SharmaversusThe State of Bihar through the Secretary Department of Revenue,
- Decided
- Disposal
- DISPOSED
- Bench
- PURNENDU SINGH
Holding
The Court directed the District Collector to obtain the land records and act against the Circle Officer if misconduct is found, but held that any pure title dispute must be decided by the competent civil court.
Summary
The petitioners, Prithvi Nath Sharma and his wife, filed a writ petition seeking a mandamus directing the District Collector‑cum‑Magistrate of Kaimur to obtain land records for Khata No. 22, Plot No. 219/553 and to take action against the Circle Officer and related parties who they allege are trying to dispossess them of property acquired by a sale deed dated 30‑04‑1994. They claimed that a prior representation filed on 07‑08‑2021 with the Collector had not been entertained. The Court examined whether the Collector could be ordered to intervene and whether the dispute was a matter of title, which would be within the jurisdiction of a civil court. It held that the Collector should call for the relevant records and, if the Circle Officer is found to have acted improperly, appropriate action may be taken; however, if the issue is purely a title dispute, the civil court is the proper forum. Accordingly, the petition was disposed, with the direction to the Collector as stated and any interlocutory applications also disposed.
Issues considered
- Whether the District Collector‑cum‑Magistrate can be directed to call for land records and take action against the Circle Officer in a writ petition.
- Whether the dispute over the property constitutes a question of title that must be determined by a civil court.
- Whether the petitioners' failure to obtain relief through a representation to the Collector justifies the issuance of a mandamus.
Subjects
- writ of mandamus
- land records
- Khata
- Circle Officer
- District Collector
- title dispute
- civil court jurisdiction
- property disposal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.17822 of 2021
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1. Prithvi Nath Sharma Son of Late Loku Sharma Resident of Village - Baurai,
P.S. - Chainpur, District- Kaimur at Bhabua.
2. Devakali Devi Wife of Prithvi Nath Sharma Resident of Village - Baurai,
P.S. - chainpur, District- Kaimur at Bhabua.
... ... Petitioner/s
Versus
1. The State of Bihar through the Secretary Department of Revenue, Govt. of
Bihar, Patna.
2. The Collector cum District Magistrate, Kaimur at Bhabua.
3. The Deputy Collector of Land Reforms, Bhabua, District- Kaimur at
Bhabua.
4. The Circle Officer, Chainpur, Anchal Chainpur, District - Kaimur at Bhabua.
5. Murahu Bind Son of Sudhu Bind Resident of Village - Baurai, P.S. -
Chainpur, District- Kaimur at Bhabua.
6. Basmati Devi Wife of Murahu Bind Resident of Village - Baurai, P.S. -
Chainpur, District- Kaimur at Bhabua.
7. Rampravesh Bind Son of Murahu Bind Resident of Village - Baurai, P.S. -
Chainpur, District- Kaimur at Bhabua.
8. Ramawatar Bind Son of Murahu Bind Resident of Village - Baurai, P.S. -
Chainpur, District- Kaimur at Bhabua.
9. Sriram Bind Son of Murahu Bind Resident of Village - Baurai, P.S. -
Chainpur, District- Kaimur at Bhabua.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajani Kant Pandey, Advocate
For the Respondent/s : Mr. Viveka Nand Singh, AC to GP 18
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
3 02-02-2026 Heard Mr. Rajani Kant Pandey, learned counsel
appearing on behalf of the petitioners and Mr. Viveka Nand
Singh, learned AC to GP 18 for the State.
2. The petitioners in paragraph no. 1 of the present
writ petition have sought inter alia the following relief(s), which
Patna High Court CWJC No.17822 of 2021(3) dt.02-02-2026
2/3
is reproduced hereinafter:-
“1. That this writ petition is being preferred
on behalf of petitioner for issuance of a writ, order or
direction including a writ in the nature of mandamus
commanding to the respondent no. 2 to take appropriate
action against the respondents no. 5 (Circle Officer)
along with 6 to 9 and may be directed to the respondent
no. 2 to call for the entire records i. e registered 2 relates
to the Khata No. 22, Plot No. 219/553, Mauja Khairadih,
Anchal Chainpur, Revenue Thana No. 337 along with
Jamabandi records and after proper verification, the
suitable order be pass for ends of justice and/or pass
appropriate order which the petitioner is entitled and/or
pass other and further order which this Hon'ble court
may deem fit and proper under circumstances of the
case.”
3. Learned counsel appearing on behalf of petitioners
submitted that the petitioners have already filed a detailed
representation before the District Magistrate – cum – Collector,
Kaimur, Bhabua on 07.08.2021 and the same has not been
entertained till date and seeks to file a fresh representation
before the District Magistrate – cum – Collector for redressal of
the grievances of the petitioners for the relief(s) as prayed for in
the present writ petition, in accordance with law.
4. Considering the aforesaid information, the District
Magistrate – cum – Collector, Kaimur, Bhabua is directed to call
for the records appertaining to Khata No. 22, Plot No. 219/553,
Mauja Khairadih, Anchal Chainpur, Revenue Thana No. 337
and take appropriate action against the Circle Officer concerned
if it is found that he has intentionally tried to disposes the
petitioners, who claims their right on the basis of sale deed
Patna High Court CWJC No.17822 of 2021(3) dt.02-02-2026
3/3
dated 30.04.1994 (Annexure 5) and if it is found that it is a
question of title between the parties then the District Magistrate
– cum – Collector must restrain from taking any action because
in such circumstances the only remedy for determination of title
lies before the competent Civil Court having jurisdiction.
5. Accordingly, the present application stands
disposed of.
6. Interlocutory Application(s), if any, also stands
disposed of.
(Purnendu Singh, J)
Ashishsingh/-
U
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