Patna High Court

Raj Kishor MahtoversusThe State of Bihar

Decided: 7 January 2026
Disposal: DISPOSED
Bench: PURNENDU SINGH

Holding

The writ petition is dismissed as the relief sought must be pursued in a civil court.

Summary

Petitioner Raj Kishor Mahto filed a writ petition before the Patna High Court challenging actions of the State of Bihar and several officials concerning land reforms. The petitioner sought relief that, according to his counsel, should be pursued in a competent civil court rather than through a writ petition. The counsel relied on the Supreme Court's decision in Abdul Rejak Laskar v. Mufizur Rahman & Ors. (2024) SCC OnLine SC 3845, which held that similar matters are civil in nature and not maintainable under writ jurisdiction. The Court examined the nature of the relief sought and the precedent cited. Concluding that the appropriate remedy lies in a civil suit, the Court disposed of the writ petition. The order was pronounced by Justice Purnendu Singh.

Issues considered

Whether the writ petition filed by the petitioner is maintainable before the High Court or the remedy lies exclusively in a civil court

Subjects

writ jurisdiction
maintainability
civil court remedy
land reforms
jurisdiction

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Civil Writ Jurisdiction Case No.20589 of 2025
                 ======================================================
                 Raj Kishor Mahto Son of Late Ram Deo Mahto Resident of Village- Jamuaha
                 Tole Tilanghi, P.S.- Sonbarsa, District- Sitamarhi.

                                                                          ... ... Petitioner/s
                                                   Versus
           1.    The State of Bihar through Principal Secretary, Land Reforms Department,
                 Govt. of Bihar, Patna.
           2.    The Commissioner, Tirhut Pramandal, Muzaffarpur.
           3.    The District Magistrate cum Collector, Sitamarhi.
           4.    The Deputy Collector, Land Reforms, Sitamarhi.
           5.    The Circle Officer, Sonbarsa, District- Sitamarhi.
           6.    Mahavir Mahto, Son of Late Subansh Mahto Resident of Village- Tilanghi,
                 P.S.- Sonbarsa, District- Sitamarhi.
           7.    Yogendra Mahto, Son of Late Subansh Mahto Resident of Village- Tilanghi,
                 P.S.- Sonbarsa, District- Sitamarhi.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Ashok Kumar, Advocate
                 For the Respondent/s     :      Mr. Jitendra Kr. Roy-1, SC-13
                                                 Mrs. Usha Kumari Singh, AC to SC-13
                                                 Mr. Hitesh Suman, AC to SC-13
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

2   07-01-2026                    At the outset, learned counsel appearing on behalf of

                   the petitioner submitted that for the relief(s) as prayed for in the

                   present writ petition, the petitioner seeks to avail remedy before

                   the competent Civil Court in accordance with the law laid down

                   by the Apex Court in the case of Abdul Rejak Laskar vs.

                   Mufizur Rahman & Ors. reported in (2024) SCC OnLine SC
          Patna High Court CWJC No.20589 of 2025(2) dt.07-01-2026
                                                     2/2




                    3845.

                                2. Accordingly, the present writ petition stands

                    disposed of with the aforesaid liberty.



                                              (Purnendu Singh, J)
Niraj/-

U

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