Patna High Court
Md. Zahiruddin,versusThe State of Bihar,
- Decided
- Disposal
- ALLOWED
- Bench
- SOURENDRA PANDEY
Holding
The order dated 07‑09‑2021 issued by the Superintendent of Police is illegal, beyond his jurisdiction, and is set aside.
Summary
The petitioner, Md. Zahiruddin, claimed ancestral ownership of a 35‑decimal land in Barsoi, Katihar, which he had received as a gift and was constructing shops on. He sought protection from local mafias and asked the High Court to quash a Superintendent of Police (SP) order that declared the land as belonging to the Bihar Government. The SP, acting on a representation filed by the petitioner, held the land to be government property without hearing the petitioner, relying on revenue records and a report from the Circle Officer. The High Court examined whether the SP had jurisdiction to determine land title and found that the SP exceeded his authority, violating natural justice. Consequently, the Court set aside the SP’s order, directed that the petitioner’s possession not be disturbed, and noted that any title dispute must be resolved by a competent civil court.
Issues considered
- Did the Superintendent of Police have jurisdiction to determine the title of the land and declare it as Government property?
- Did the order passed by the Superintendent of Police violate the principles of natural justice by denying a hearing?
- Was the order passed in compliance with the earlier High Court direction in CWJC No. 18430 of 2019?
- Can the High Court grant protection to the petitioner’s life and property in respect of the disputed land?
Subjects
- land dispute
- jurisdiction
- natural justice
- police authority
- writ petition
- protection of life and property
- revenue records
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.18462 of 2021
======================================================
Md. Zahiruddin, Son of Late Salamat Hussain, Resident of Village - Pichhra,
P.S. - Baarsoi, District - Katihar.
... ... Petitioner/s
Versus
1. The State of Bihar, through the Principal Secretary, Department of Revenue
and Land Reforms.
2. The District Magistrate, Katihar.
3. The Superintendent of Police, Katihar.
4. The Sub Divisional Officer, Barsoi, District - Katihar.
5. The D.C.L.R., Barsoi, District - Katihar.
6. The Circle Officer, Barsoi Block, District - Katihar.
7. S.H.O., Barsoi, P.S. District - Katihar.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Md. Waliur Rahman, Advocate
Mr. Binay Kumar, Advocate
Mr. Md. Najmul Hoda, Advocate
For the Respondent/s : Mr. Raj Kishore Roy ( GP-18 )
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL JUDGMENT
Date : 16-03-2026
Heard Mr. Md. Waliur Rahman, learned counsel on
behalf of the petitioner and Mr. Raj Kishore Roy, learned GP-18
for the State.
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2. The present writ application has been filed for the
following reliefs:
(i) For issuance of an appropriate writ
order or direction for quashing the order of the
Superintendent of Police, Katihar contained in Memo
No. 130 Legal dated 07.09.2021 by which he has held
that the land bearing Jamabandi No. 1400, Khata No.
572, Kheshra No. 1055, Area 35 dec. of Mouza
Sultanpur, P.S. Barsoi, District Katihar is of Bihar
Government and the petitioner could not establish his
title upon the same;
(ii) For issuance of an appropriate writ
order or direction to the respondents for restraining any
unauthorized persons from interfering in the peaceful
possession of the same;
(iii) For issuance of an appropriate writ,
order or direction commanding the respondents
authorities to provide protection to life and property of
the petitioner in respect of his ancestral land/property
detailed given in the writ application;
(iv) For issuance of an appropriate writ,
order or direction commanding the respondents
authorities to deploy police force if necessitated on the
cost of the petitioner upon his ancestral land; and
(v) For any other relief or reliefs for which
petitioner may be found entitled, deemed fit and proper
in the facts and circumstances of the case.
3. Mr. Md. Waliur Rahman, learned counsel for the
petitioner submits that it is one of those cases where the authority
has exceeded its jurisdiction to such an extent that a police officer
has gone on to hold the land in question, to belong to the State of
Bihar and thereby the claims by the respective parties over the
land in question was not confirmed.
4. The learned counsel for the petitioner submits that the
land in question was gifted to the petitioner by his uncle and on
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such basis he had taken possession thereof and in the year 2018-
19, the petitioner had gone to construct some shops over the same
and he was demanded extortion money from the local mafias, on
account of which the petitioner had approached the local
administration to provide protection in construction of the said
shop. As no help was seen forthcoming, the petitioner moved
before this Hon’ble High Court for a direction to the respondent
authorities to provide protection from the local mafias. It has been
submitted that this Hon’ble Court vide order dated 12.09.2019
passed in CWJC No. 18430 of 2019, directed the petitioner to file
representation before the Superintendent of Police, Katihar who
would pass a reasoned order on the application of the petitioner.
5. The learned counsel for the petitioner submits that the
respondent authorities were violating to comply with the order of
the High Court, which compelled the petitioner to file a contempt
application bearing MJC No. 5173 of 2019 and the said contempt
application was heard and disposed of by the Lok Adalat with a
liberty to challenge the order of the Superintendent of Police,
Katihar, which has been impugned in the present writ application.
6. It has been contended by the learned counsel for the
petitioner that the Superintendent of Police, Katihar without
providing any opportunity of hearing to the petitioner and
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considering the revenue records and also relying upon the
collusive report of Anchal Adhikari, Barsoi declared the raiyati
land of the petitioner as land of Government of Bihar by the
impugned order dated 07.09.2021.
7. The learned counsel for the petitioner thus submits
that the Superintendent of Police, Katihar has exceeded its
jurisdiction by referring to the Khatian and holding that the claim
being led by both the parties is not being proved. It has been
submitted by the learned counsel for the petitioner that the
Superintendent of Police, Katihar has even erred on facts by
recording that the R.S. Khatian of the land in question is entered in
the name of Bihar Sarkar Khas (fcgkj ljdkj [kkl). It has been
submitted that the land is recorded in the name of the petitioner
and the rent is being deposited on behalf of the petitioner, who is
being granted receipt thereof. Moreover, the mutation appeal filed
by the second party has also been dismissed and, therefore, the
mutation in favour of the petitioner still stands.
8. It has thus been contended that the order impugned
has been passed exceeding the jurisdiction and the power which is
vested with the revisional authorities or a competent Civil Court
has been invoked by the Superintendent of Police, Katihar and
moreover, the said order was passed without giving any
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opportunity to the petitioner of being heard which violates the
principles of natural justice.
9. Mr. Raj Kishore Roy, learned GP-18 submits that
there is no illegality in the order impugned and the same has been
passed taking into account the entries in Khatian and the report
submitted by the Circle Officer. It has further been submitted that
the Superintendent of Police, Katihar taking into account the
aforesaid entries has gone on to pass the order impugned.
10. Having heard the learned counsel for the petitioner
and the learned GP-18, two facts which emerged from the
pleadings and the documents annexed therewith is that the order
impugned has been passed by the Superintendent of Police,
Katihar in pursuance to the directions of this Court earlier passed
in CWJC No. 18430 of 2019 and he has gone on to hold that the
claim of the petitioner is not valid.
11. Before proceeding ahead to analyze the impugned
order, the order passed by this Court in the aforesaid writ petition
needs appreciation and the relevant part of the order dated
12.09.2019 is reproduced hereunder:
“Accordingly, it is directed that the
petitioner may file a representation before the
respondent no. 5 within a period of four weeks
from today and the respondent no. 5 shall
dispose of the same by a reasoned and
speaking order within a period of eight weeks
thereafter.
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The writ petition stands disposed
off on the aforesaid terms.”
12. From perusal of such order and the prayer made by
the petitioner in the said writ application, it would be evident that
the petitioner had approached this Court earlier for grant of
protection during construction of shops over the land in question,
however the case was disposed of with a liberty to file
representation before the Superintendent of Police, Katihar for
redressal of his grievances.
13. This Court, on perusal of the impugned order dated
07.09.2021, finds that the Superintendent of Police, Katihar while
considering the representation filed by the petitioner examined the
claims and counter claims by the parties, who have been claiming
their right over the land in question and also the reports of the Sub-
Divisional Magistrate and the Circle Officer. The Superintendent
of Police, Katihar after discussing the entire facts of the case and
referring to the reports by the relevant authorities has dealt with
the rival claim of the parties. It has also been observed that in the
second last paragraph of the impugned order dated 07.09.2021, the
Superintendent of Police, Katihar has noted as under:
14. “CWJC No. 18430 of 2019 esa ekih dh vkns”k izkIr
gSA”
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15. This observation by the Superintendent of Police,
Katihar in, itself, goes on to show that he was not even aware that
there was no such direction given by this Hon’ble High Court
while disposing of CWJC No. 18430 of 2019, the operating part of
which has already been recorded hereinabove.
16. The perusal of the impugned order dated 07.09.2021
further discloses the fact that the Superintendent of Police, Katihar
instead of making a report of holding whether there is any threat of
life and property to the petitioner has gone on to hold that the land
in question, as per the R.S. Khatian is entered in the name of Bihar
Sarkar Khas (fcgkj ljdkj [kkl) and the nature of land was found
to be POKHAR (iks[kj). The Superintendent of Police, Katihar
travelling beyond jurisdiction has gone on to hold that the very
claim of the petitioner as well as the other party’s claim over the
land in question was not being proved on the basis of the materials
available on record and has, thereby, passed the aforesaid order on
07.09.2021, assuming jurisdiction of a revenue authority.
17. The order impugned, which has been passed in
pursuance to the directions of this Hon’ble Court given in CWJC
No. 18430 of 2019 has not only been passed beyond the directions
of this Hon’ble Court but also beyond the jurisdiction of the
Superintendent of Police, Katihar who had to only see as to
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whether there was any threat to the petitioner on account of
making such constructions. To the understanding of this Court, the
Superintendent of Police, Katihar could not have travelled beyond
its jurisdiction to go on and analyze the right title of the land and,
in fact, the Superintendent of Police, Katihar had no jurisdiction to
even record a finding with respect to the claims of the petitioner
and others over the land in question to be prima facie suspicious.
18. In view of the aforesaid, this Court finds that the
present order impugned dated 07.09.2021 as contained in
Annexure-1 to the writ application passed by the Superintendent of
Police, Katihar has been passed beyond its jurisdiction and,
therefore, is illegal and hence, the same is set aside.
19. The Superintendent of Police, Katihar is directed to
see that no untoward incident occurs over the land in question and
the party, who is disputing the title over the land shall be cautioned
not to disturb the possession of the petitioner, whose name is
entered in Register-II and who has been paying rent till year 2019-
20.
20. It goes without saying that any party, who is
aggrieved by the possession of the petitioner and is challenging the
right and title over the land in question has an alternative remedy
of moving before a competent Civil Court for adjudication of its
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right, which includes even the State of Bihar, as has been held by
the Superintendent of Police, Katihar in the impugned order.
21. The authorities of State of Bihar shall also be at
liberty to initiate appropriate proceedings, if it challenges the right
and title of the petitioner over such property.
22. The application stands allowed.
(Sourendra Pandey, J)
krishna/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 23.03.2026
Transmission Date NA
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