Patna High Court
Shambhu SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PURNENDU SINGH
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
Checking your session…