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Patna High Court

Sanjay Mistry,versusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The writ petition is disposed, directing the petitioner to approach the Circle Officer and the officer to act within six months if the matter remains pending.

Summary

The petitioner, Sanjay Mistry, filed a writ petition seeking to cancel a proposal to transfer his and his brothers' land to a Khadi Industry and to obtain revenue receipts and possession of the land, invoking an order dated 09-12-2016 issued by the Sub‑Divisional Public Grievance Redressal Officer. He claimed that the Circle Officer, Ekangarsarai, had been directed to examine the ownership before any recommendation to the State Government but had not acted. The State respondents did not file a reply despite the matter being pending since 2019. Justice Rajiv Roy disposed of the petition, directing the petitioner to approach the Circle Officer within four weeks and, if the matter remained unresolved, obliging the officer to take action within six months. No substantive order on the merits of the land transfer was made. The writ petition was therefore dismissed with directions for further administrative steps.

Issues considered

  • Whether the order dated 09-12-2016 directing the Circle Officer to examine the land ownership should be implemented.
  • Whether the proposed transfer of the petitioner's land to Khadi Industry can be cancelled.
  • Whether the petitioner is entitled to revenue receipts and possession of the land pending the resolution of the grievance.

Subjects

  • writ jurisdiction
  • land ownership
  • public grievance redressal
  • status quo
  • implementation of administrative order
  • Circle Officer

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.18351 of 2019
                 ======================================================
                 Sanjay Mistry, Son of Late Ramashish Mistry, Resident of Village- Kukurwal,
                 Post- Telhara, Block- Ekangarsarai, District- Nalanda.

                                                                            ... ... Petitioner/s
                                                    Versus
           1.    The State of Bihar through the Distrct Magistrate, Nalanda Bihar Sharif.
           2.    The District Magistrate, Nalanda at Bihar Sharif.
           3.    The Additional District Magistrate, Nalanda at Bihar Sharif.
           4.    The Sub-Divisional Public Grievance Redressal Officer, Sub Division-
                 Hilsa, District- Nalanda.
           5.    The Circle Officer, Ekangarsarai, Nalanda.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Shailendra Kumar Verma, Advocate
                 For the State            :      Mr. Sajid Salim Khan, SC-25
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

3   03-02-2026                    Heard the parties.

                                 2. The present petition has been preferred for the

                   grant of following relief(s):

                                                  “(i) for canceling alleged proposal of

                                        giving land of mother Sumitra Devi of petitioner

                                        as well as petitioner and his brothers to Khadi

                                        Industry in compliance of the order dated

                                        09.12.2016 (Annexure-1) in its letter & spirit of

                                        the Sub-Divisional Public Grievance Redressal

                                        Officer, Sub-Division-Hilsa, distrcit-Nalanda.

                                                  (ii)   for   granting/issuing         revenue
Patna High Court CWJC No.18351 of 2019(3) dt.03-02-2026
                                           2/3




                             receipts of the said land of petitioner to

                             petitioner and allowing petitioner to continue

                             and to maintain his as usual ownership, title,

                             right, interest and possession over his said land

                             in the interest of justice and law in compliance of

                             the order dated 09.12.2016 (Annexure-1) in its

                             letter & spirit of the Sub-Divisional Public

                             Grievance       Redressal    Officer,   Sub-Division-

                             Hilsa, district-Nalanda.

                                         (iii) for maintaining status quo of the

                             land of petitioner without causing any sort of

                             obstructions and otherwise may deal thereof

                             pending disposal of this writ application.

                                         (iv)also for other necessary reliefs,

                             writs, orders and directions in view of the factual

                             & legal profiles of this case.”


                      3. The petitioner wants implementation of the order

          passed by the Public Grievance Redressal Officer dated

          09.12.2016 (Annexure-1) by which the Circle Officer,

          Ekangarsarai was directed to look into the matter and see to it

          regarding the ownership of the land before sending any

          recommendation to the State Government.
            Patna High Court CWJC No.18351 of 2019(3) dt.03-02-2026
                                                       3/3




                                   4. It is the claim of the petitioner that the Circle

                      Officer, Ekangarsarai (respondent no.5) sat over the matter for

                      the which a legal notice was sent followed by the writ petition.

                                   5. As usual, no reply from the State respondents

                      despite the matter being pending since the year 2019, in that

                      background, the writ petition is disposed of allowing the

                      petitioner     to    approach       the    concerned   Circle   Officer,

                      Ekangarsarai (respondent no.5) in next four weeks and if the

                      same is still pending, the aforesaid officer is duty bound to pick

                      up the threads, notice the parties and act in accordance with law

                      in next six months.

                                   6. The writ petition is disposed of with the aforesaid

                      observation.

                                   7. Needless to add, if the order goes in favour of the

                      petitioner, the consequential steps have to be taken by the Circle

                      Officer, Ekangarsarai.



                                                    (Rajiv Roy, J)
vinayak/-

U


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