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Patna High Court

Shambhu SinghversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The petitioner’s undertaking to deposit the remaining amount entitles him to participate in any future tender for the settlement of Hardi Bazar.

Summary

Shambhu Singh filed a writ petition seeking a certiorari to quash a letter dated 02.12.2025 that directed him and another respondent to appear before the District Board, and also sought a mandamus directing authorities not to disturb the settlement of Hardi Bazar for FY 2025-26 after the settlement was cancelled in favor of the other respondent. The petitioner offered to deposit any remaining amount due within a week and requested a fresh auction so that the Zila Parishad would not suffer loss. The Court examined the petitioner's undertaking to pay and held that this gives him the right to participate in any future tender for the settlement. Consequently, the Court ordered that the matter be decided by the concerned authority in accordance with law. The writ petition was disposed of without granting the specific reliefs sought.

Issues considered

  • Whether the petitioner is entitled to quash the letter directing his appearance before the District Board.
  • Whether a mandamus can be issued to restrain the authorities from disturbing the settlement of Hardi Bazar for FY 2025-26.
  • Whether the petitioner’s undertaking to deposit the remaining amount confers a right to participate in a fresh auction.

Subjects

  • certiorari
  • mandamus
  • settlement
  • auction
  • Panchayati Raj
  • Zila Parishad
  • land revenue
  • civil writ jurisdiction
  • financial year 2025-26

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.21064 of 2025
                 ======================================================
                 Shambhu Singh Son of Late Ram Bahadur Singh, Resident of Village-
                 Rampur Bheriyahi Sadhanpura, P.O.- Hardi, Block and Circle- Motipur, P.S.-
                 Kathaiya, District- Muzaffarpur.

                                                                            ... ... Petitioner/s
                                                  Versus
           1.    The State of Bihar through the Additional Chief Secretary, Bihar Panchayati
                 Raj Department, Government of Bihar, Patna.
           2.    The Additional Chief Secretary, Bihar Panchayati Raj Department,
                 Government of Bihar, Patna.
           3.    The Collector cum District Magistrate, District- Muzaffarpur.
           4.    The Chairman, District Board, District- Muzaffarpur.
           5.    The Additional Chief Executive Officer, District Board, Muzaffarpur.
           6.    The Settlement Officer cum Junior Engineer, District Board, Muzaffarpur.
           7.    The Circle Officer, Circle- Motipur, District- Muzaffarpur.
           8.    Parmanand Singh, Son of Late Sachchidanand Singh, Resident of Village-
                 Harpur, P.O.- Hardi, Block and Circle- Motipur, P.S.- Kathaiya, District-
                 Muzaffarpur.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :     Mr. Suraj Narayan Yadav, Advocate
                                               Mr.Upendra Kumar Chaubey, Advocate
                 For the State           :     Mr. Md. Irshad, AC to SC 1
                 For the Zila Parishad   :     Mr. S. K. Thakur, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

2   13-01-2026                    Heard Mr.     Suraj Narayan Yadav along with Mr.

                   Upendra Kumar Chaubey, learned counsels appearing on behalf

                   of the petitioner; Mr. Md. Irshad, learned AC to SC 1 for the

                   State and Mr. S. K. Thakur, learned counsel for the Zila

                   Parishad.

                                 2.Petitioner has inter alia prayed for following reliefs

                   in the paragraphs No.1 of the writ petition:-
Patna High Court CWJC No.21064 of 2025(2) dt.13-01-2026
                                           2/3




                                      “That this is an application for issuance of an
                          appropriate writ in the nature of certiorari to quash letter
                          no.317 dated 02.12.2025 issued by the Additional Executive
                          Officer, District Board, Muzaffarpur by which the petitioner
                          and the respondent no.8 are directed to appear in the office
                          of the District Board, Muzaffarpur on 20.12.205 at 12:30
                          P.M. And further prayer for issuance of an appropriate
                          writ/writs, order/orders, direction/directions in the nature of
                          mandamus for commanding and directing the respondents
                          not to disturb the settlement of Hardi Bazar for the rest
                          period of the financial year 2025-26 which has been settled
                          with the petitioner on 27.09.2025 after cancelling the
                          settlement of Hardi Bazar in favour of respondent no.8 vide
                          memo no.281 dated 19.09.2025 for the financial year 2025-
                          2026 and for other relief/reliefs as stated herein after in the
                          facts and circumstances of the case.”



                      3.Mr. Suraj Narayan Yadav, learned counsel appearing

          on behalf of the petitioner submitted that he has received

          instruction that petitioner will deposit the remaining amount, if

          any, as assessed by the Executive Officer, Zila Parishad,

          Muzaffarpur well within a period of one week, subject to the

          condition that private respondent no.8 is restrained, who has

          also not deposited the entire amount and his parwana has been

          cancelled for financial year 2025-26. Learned counsel in this

          background submitted that a fresh auction is required to be held

          and petitioner is ready to participate in the same, so that Zila

          Parishad should not be put to loss.
           Patna High Court CWJC No.21064 of 2025(2) dt.13-01-2026
                                                      3/3




                                 4. Considering the relief as sought for in the present

                     writ petition, as well as, the information, based on the

                     instruction of the petitioner, this Court finds that once the

                     petitioner has undertaken to deposit the remaining amount, if

                     any, within a period of one week, he has every right to

                     participate in future tender for settlement of Hardi Bazar.

                     Thereafter, a decision is required to be taken by the authority

                     concerned in accordance with law.

                                 5. The writ petition is, accordingly, disposed of.

                                 6. Interlocutory Application(s), if any, also stands

                     disposed of.


                                               (Purnendu Singh, J)
Sanjay/-

U


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