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Patna High Court

Mohammad ShahzadaversusThe State Of Bihar and Ors

Decided
Disposal
DISMISS FOR NON-PROSECUTION

Holding

The writ petition is dismissed for non‑prosecution due to the petitioner's failure to appear.

Summary

The petitioner, Mohammad Shahzada, filed a writ petition in the Patna High Court seeking to restrain several government officials and private individuals from creating or mutating jamabandi entries, registering deeds, and selling land in Munger that he claimed belonged to his ancestral property. He alleged that respondents fabricated a power of attorney and were attempting to manipulate land records and sell the property without his title deed. The State of Bihar, appearing for the respondents, argued that the petitioner should have approached a civil court instead of filing a writ petition. No counsel appeared on behalf of the petitioner, and the petition remained unprosecuted. Justice Rajiv Roy dismissed the petition on the ground of non‑prosecution, noting the lack of representation for the petitioner.

Issues considered

  • The appropriateness of filing a writ petition instead of a civil suit
  • The effect of the petitioner's failure to appear on the continuation of the writ proceedings

Subjects

  • writ jurisdiction
  • land records
  • jamabandi
  • non‑prosecution
  • civil writ
  • restraining order

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.18200 of 2018
                 ======================================================
                 Mohammad Shahzada Son of late Mohammad Jamal Resident of 82, Kalutala
                 Street, Calcutta, P.S. Barabazar, Kolcutta.

                                                                            ... ... Petitioner/s
                                                    Versus
           1.    The State Of Bihar
           2.    The Principal Secretary Revenue Department,Government of Bihar, Old
                 Secretariat, Bailey Road, Patna
           3.    The Inspector General of Registration, Bailey Road, Patna- 800015
           4.    The District Magistrate Cum Collector Munger, Collectorate, Fort Area,
                 Munger- 811202
           5.    The District Registrar, District Registry Office Munger 811202
           6.    The Deputy Collector Land Reforms, Munger Fort Area, P.S. Kotwali,
                 Munger 811202
           7.    The Circle Officer, Sadar Munger, P.S. Muffassils, Munger- 811202
           8.    Sri Prabir Kumar Sinha, son of late Pratap Narayan Sinha Resident of
                 Dalhatta Bazar Bhatt Toli, P.S. Kotwali, P.O. Basudeopur Town District-
                 Munger 811201
           9.    Basukis Mandal Son of late Lal Mandal Resident of Basudeopur, P.S.
                 Basudeopur, P.S. Kotwali, Town and District-Munger.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :       None.
                 For the Respondent/s   :       Mr.Rishi Raj Sinha- Sc19
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

3   06-01-2026                   No one appears on behalf of the petitioner though

                   the State is present.

                               2. The present petition has been preferred for the

                   following relief/s:

                                            (i) the respondents no. 6 and 7 may be

                                            restrained to create any Jamabandi and

                                            mutate names of any person illegally and
Patna High Court CWJC No.18200 of 2018(3) dt.06-01-2026
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                                  without any title deed executed by the

                                  petitioner in respect of lands situated in

                                  Mauza Basudeopur P.B. Kotwali Munger,

                                  pertaining to Tauzi no. 1338, Municipal

                                  Khesra No. 227, 181, 182, 183 and 188 ward

                                  No. "C", Sheet no. 2, total are about 7

                                  bighas in which 10 Kathas is purchased

                                  ancestral property of the petitioner and it is

                                  ancestral land of his maternal uncle late

                                  Salim Ahmad Khan in which mother of the

                                  petitioner late Johara Khatoon has also

                                  shares;

                                  (ii) the Respondent no. 8 has executed

                                  Power of Attorney at Calcutta in favour of

                                  Respondent        no.   9   that   is   fabricated

                                  document as Respondent no 8 has no title in

                                  respect of above mentioned land as such no

                                  Jamabandi should be created or land

                                  mutated on the basis of deed executed as

                                  respondent no. 9;

                                  (iii) that there is already a Jamabandi no.

                                  965 in respect of Tauzi no. 1338 in Register-
Patna High Court CWJC No.18200 of 2018(3) dt.06-01-2026
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                                  II for part of land in question about 2-3

                                  kathas and that land has been kept in

                                  mortgage even then Respondent No. 9 trying

                                  to sale after get opening new Jamabandi

                                  through Respondent no. 6 and Respondent

                                  no. 7 that will be illegal and amount to

                                  manipulation in Government records;

                                  (iv) that the District Registrar may be

                                  restrained to register and deed in respect of

                                  above mentioned land as the Respondents

                                  no. 8 (Prabir Kumar Sinha) and Respondent

                                  no. 9 (Basuki Mandal) Both without any title

                                  deed got the Jamabandi created for some

                                  land of these plots through the Circle Officer

                                  (Respondent no.7) and D.C.L.R Respondent

                                  no.6) in their connivance and selling the

                                  land of petitioner to another person.

                                  Therefore order of status quo may be passed

                                  so that nobody can sale or purchase the

                                  lands in question;

                                  (v) that no sale and purchase may be

                                  allowed without prior permission of the civil
         Patna High Court CWJC No.18200 of 2018(3) dt.06-01-2026
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                                           Court or the Hon'ble Court;

                                           (vi) that the Respondent no. 4 (District

                                           Magistrate Cum Collector) may be directed

                                           to hold enquiry as to how the C.O. and

                                           DCLR has created Jamabandi in respect of

                                           land of petitioner when he has not executed

                                           any deed in favour of anybody else.

                               3. Learned State submits that a perusal of the prayer

                   would show that instead of approaching the Civil Court in

                   getting the matter settled, the writ petition has been filed. The

                   submissions seems to be justified. However, since there is no

                   appearance on behalf of the petitioner, the writ          petition is

                   dismissed for non-prosecution.



                                                 (Rajiv Roy, J)
Ravi/-

U


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