Patna High Court
Vidya Sahay @ Vidya SrivastavaversusThe State Of Bihar and Ors
- Decided
- Disposal
- WITHDRAWN
- Bench
- RAJIV ROY
Holding
The petition was dismissed as withdrawn.
Summary
The petitioner Vidya Sahay filed a writ petition in the Patna High Court seeking directions to stop alleged misuse of power by local officials who were constructing a road and water tank on her raiyati land without consent, to cancel a revenue record (Parcha) issued in favour of a third party, and to order an inquiry into alleged defalcation of public funds and illegal encroachment. The petition alleged that the circle officer and other officials were colluding to create third‑party rights over her land and were involved in illegal wine business. The petitioner’s counsel subsequently moved for withdrawal of the writ. The court, after hearing, granted permission for withdrawal. Consequently, the writ petition was dismissed as withdrawn, with no merits adjudicated.
Issues considered
- Whether the respondents misused their powers and public funds in constructing a road and water tank on the petitioner’s raiyati land without consent
- Whether the Parcha (revenue record) issued in favour of a third party should be cancelled for lack of notice or consent
- Whether an inquiry should be ordered into alleged defalcation of public money and illegal encroachment by the respondents
- Whether the petitioner is entitled to any relief under the writ jurisdiction
Subjects
- writ petition
- rai yati land
- encroachment
- misuse of power
- cancellation of Parcha
- public fund defalcation
- withdrawal of petition
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.22341 of 2018
======================================================
Vidya Sahay @ Vidya Srivastava Wife of Bachchan Ji Sahay @ Babanji
Sahay, Resident of Madhu Kunj Apartment, Mohalla- Vijay Nagar, P.S.-
Rupaspur, P.O.- B.V. College, Patna- 800014.
... ... Petitioner/s
Versus
1. The State Of Bihar
2. The Principal Secretary, Panchayati Raj Department, Government of Bihar,
Patna.
3. The District Magistrate, Bhojpur.
4. The Circle Officer, Jagdishpur.
5. The Sub Divisional Magistrate Jagdishpur, Bhojpur.
6. The Officer-Incharge, Jagdishpur, Bhojpur.
7. Mukhiya, Utari Jangal Mahal Panchayat Bhojpur.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhishek, Advocate
For the Respondent/s : Mr. Md. Khurshid Alam- AAG-12
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 06-01-2026 Heard the parties.
2. The present petition has been preferred for the
following relief(s):
“I. For directing the respondent to
consider the representation dated 25.07.2018 filed
by the petitioner before them raising her objection
with respect to the misuse of power and public fund
by the respondent No-7 in connivance with circle
officer Jagdishpur as they are making illegal
construction of road and water tank over the
Patna High Court CWJC No.22341 of 2018(3) dt.06-01-2026
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Raiyati Land of petitioner without consent of
petitioner.
II. For directing the circle officer
Jagdishpur to cancel the Parcha of land issued in
favour of some person with respect to the land of
petitioner for which no prior notice or consent has
been given by the petitioner to circle officer and
any other person.
III. For directing the respondents to
make an enquiry about the misuse and defalcation
of public money or Government fund by the
respondent No-4 and 7 as they have been
unnecessarily creating third party right with
respect to the land of petitioner by giving
protection to the encroachers who are trying to
grab the land of petitioner and doing illegal wine
business over the land of petitioner.
IV. For grant of any other relief or reliefs
for which petitioner is entitled in view of the facts
and circumstances of the present case.”
3. Learned counsel for the petitioner prays for
withdrawal of the writ petition.
Patna High Court CWJC No.22341 of 2018(3) dt.06-01-2026
3/3
4. Permission accorded.
5. Accordingly, the writ petition stands dismissed as
withdrawn.
(Rajiv Roy, J)
Adnan/-
U
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