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Patna High Court

Prithvi Nath SharmaversusThe State of Bihar through the Secretary Department of Revenue,

Decided
Disposal
DISPOSED

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
                 ======================================================
           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
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          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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