Patna High Court
Mohammad ShahzadaversusThe State Of Bihar and Ors
- Decided
- Disposal
- DISMISS FOR NON-PROSECUTION
- Bench
- RAJIV ROY
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
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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-
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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
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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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