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Patna High Court

Smt. Savitri Devi @ Sabitri DeviversusThe State of Bihar

Decided
Disposal
DISPOSED

Summary

Smt. Savitri Devi filed a writ petition in the Patna High Court seeking a writ of certiorari to set aside an order dated 28 September 2018 passed by the Chairman of the Bihar Land Tribunal in B.L.T. Case No. 1171 of 2016. The Tribunal order had been issued after setting aside an earlier order dated 25 May 2016 of the Collector cum District Magistrate, Kaimur, concerning a mutation revision. The State’s counter‑affidavit indicated that a Title Suit No. 3671 of 2014 is pending before the Civil Court at Bhabua, raising questions about the Tribunal’s jurisdiction. The petitioner argued that the Tribunal’s order adversely affects the title to the land in dispute and should be quashed. The court heard counsel for both sides on 3 February 2026, but the excerpt does not disclose the final decision.

Issues considered

  • Whether the order of the Bihar Land Tribunal dated 28‑9‑2018 is liable to be set aside by a writ of certiorari.
  • Whether the Tribunal had jurisdiction to entertain the matter given the pendency of Title Suit No. 3671 of 2014.
  • Whether the earlier order of the Collector cum District Magistrate in the mutation revision was legally valid.

Subjects

  • Land dispute
  • Writ jurisdiction
  • Certiorari
  • Mutation revision
  • Pending title suit
  • Bihar Land Tribunal

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.18726 of 2019
                 ======================================================
                 Smt. Savitri Devi @ Sabitri Devi Wife of Rishamuni Pandey R/o Village
                 Kamhari, P.S. Kudhani, District-Kaimur at Bhabua.

                                                                           ... ... Petitioner/s
                                                     Versus
           1.    The State of Bihar.
           2.    The Collector, Kaimur at Bhabua.
           3.    The Deputy Collector, Land Reforms, Mohania, District Kaimur at Bhabua.
           4.    The Circle Officer, Nuaon, District Kaimur at Bhabua.
           5.    Shubham Kumar Pandey @ Shubham Pandey Son of Sri Ram Pandey,
                 Resident of Village -Kamhari, P.S. Kurhani, District Kaimur at Bhabua.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr. Tribhuwan Narayan, Advocate
                 For the Respondent/s   :      Mrs. Nutan Sahay, AC to AAG-12
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

3   03-02-2026                 Heard Mr. Tribhuwan Narayan, learned counsel for

                   the petitioner and Mrs. Nutan Sahay, AC to AAG-12

                               2. The present petition has been preferred for the

                   following relief(s):

                                             “issuance of appropriate writ in nature

                                  of    certiorari   or   any   appropriate      writ/writs

                                  order/orders and to set aside the order dated

                                  28.9.2018 passed by the Chairman of the Bihar

                                  Land Tribunal in B.L.T. Case No. 1171 of 2016

                                  filed by the respondent no. 5, which was heard

                                  along with three other cases filed by respondent
          Patna High Court CWJC No.18726 of 2019(3) dt.03-02-2026
                                                     2/2




                                    no.5 respectively against other persons and

                                    allowed the same case by a common order after

                                    setting aside the order passed by the 25.5.2016

                                    passed by the Collector cum District Magistrate,

                                    Kaimur at Bhabua in Mutation Revision No. 01/15-

                                    16.”

                                3. The counter-affidavit of the State shows that a Title

                    Suit No. 3671 of 2014 is pending before the appropriate Civil

                    Court, Bhabua.

                                4. In that background, the parties are free to agitate

                    the matter, adduce evidence, put forward their exhibits and

                    naturally, the outcome of the said order will decide the future of

                    the land in question.



                                                  (Rajiv Roy, J)
Adnan/-

U


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