Patna High Court
Baban PrasadversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The petition was disposed of, directing the petitioners to comply with the notice and appear before the Circle Officer with supporting documents.
Summary
The petitioners, three residents of Basantpur, Siwan, filed a writ petition in the Patna High Court seeking to quash a notice dated 31 July 2025 issued by the Circle Officer, Basantpur, on the ground that the land mentioned in the notice exclusively belongs to them as settled by the ex‑landlord and that the respondent's claim is fictitious. The State contended that the notice merely required the petitioners to appear before the Circle Officer with supporting documents and that the petition was filed six months after the notice. The petitioners argued that the notice was frivolous and beyond the officer’s jurisdiction. The Court observed that the petitioners are free to submit the required documents and that approaching the Court without complying with the notice is unacceptable. Consequently, the Court directed the petitioners to appear before the Circle Officer within two weeks with the necessary documents and disposed of the writ petition without granting the relief sought.
Issues considered
- Whether the notice dated 31.07.2025 issued by the Circle Officer is within jurisdiction and can be quashed by a writ of certiorari.
- Whether the petitioners have exclusive ownership of the land as settled by the ex‑landlord.
- Whether the writ petition is maintainable for immediate relief against the notice.
Subjects
- land dispute
- jurisdiction
- writ of certiorari
- notice
- civil writ jurisdiction
- property ownership
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1941 of 2026
======================================================
1. Baban Prasad Son of Late Bankeylal Resident of Village- Basantpur, P.S.-
Basantpur, District- Siwan.
2. Ajay Prasad, Son of Late Bihari Lal Prasad Resident of Village- Basantpur,
P.S.- Basantpur, District- Siwan.
3. Shashi Kumar, Son of Late Lallan Prasad Resident of Village- Basantpur,
P.S.- Basantpur, District- Siwan.
... ... Petitioner/s
Versus
1. The State of Bihar through Principal Secretary, Revenue and Land Reforms
Department, Government of Bihar, Patna.
2. The Collector, Siwan, District- Siwan.
3. The Additional Collector, Siwan.
4. The Circle Officer, Basantpur Circle, District- Siwan.
5. Satyanarayan Singh, Son of Late Lal Bahadur Rai Resident of Village-
Sipah, P.S.- Basantpur, District- Siwan.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. B.K. Singh Chouhan, Advocate
: Mr. Kumar Harsh, Advocate
For the State : Mr. Standing Counsel (18)
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 05-02-2026 Heard Mr. B.K. Singh Chouhan, learned counsel for
the petitioner and learned counsel representing the State.
2. The present petition has been preferred for the
grant of following relief(s):
“for quashing the notice dated 31.07.2025
signed and issued by the Circle Officer by
issuance of writ of Certiorari or any other
Writ/Writs Order/Orders to the Respondents as
Patna High Court CWJC No.1941 of 2026(2) dt.05-02-2026
2/3
notice to the Petitioner no.1 is without
jurisdiction and unwarranted because the land
mentioned in the notice exclusively belongs to
the Petitioners as settled by Ex-Landlord and
any claim over it made by the Respondent no.5 is
false and fictitious.”
3. At the outset, learned State counsel points out that
a notice has simply been issued asking the petitioner to appear
alongwith the document on 05.08.2025 to satisfy the said office.
Instead of submitting the documents/satisfying the Circle
Office, Basantpur, Siwan, six months later, the writ petition.
4. Learned counsel for the petitioner submits that on
the basis of a frivolous petition, notice has been issued.
5. This Court is of the view that a notice has been
issued to the petitioner, he claims himself to the owner of the
land in question, has all the power in the world to submit the
document in support of his case, rushing to the Court at the drop
of the hat is unacceptable.
6. Learned counsel for the petitioner submits that
within a period of two weeks, the petitioner shall be appearing
before the Circle Officer, Basantpur alongwith all the supporting
documents.
Patna High Court CWJC No.1941 of 2026(2) dt.05-02-2026
3/3
7. Learned State counsel submits that if such papers
are filed, after hearing the parties, a reasoned order shall be
passed.
8. Accepting the words of both the parties and
expecting the Circle Officer, Basantpur who take the matter to
its logical in accordance with law at an earliest.
9. The writ petition is disposed of with the aforesaid
observation.
(Rajiv Roy, J)
vinayak/-
U
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