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Patna High Court

Onkar Singh @ Onkar Prasad SinghversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The petition is disposed of, with liberty granted to the petitioner to approach the Collector for redress.

Summary

Onkar Singh filed a writ petition seeking a direction that the authorities conduct an inquiry into alleged irregularities in mutation case No. 417/2023-24, where a large sum was reportedly taken and the case was approved by the Circle Officer Rajesh Kumar. The petitioner claimed that despite a clear directive from the Joint Secretary, Revenue and Land Reforms Department, the Deputy Collector failed to conclude the inquiry. The court heard counsel for both sides and noted that the petitioner could approach the Collector of Banka with the supporting documents. Without addressing the merits, the court granted the petitioner liberty to seek redress from the Collector. Consequently, the writ petition was disposed of, pending the Collector's action.

Issues considered

  • What relief, if any, can the High Court grant to compel an administrative inquiry into alleged misconduct in a land mutation case?

Subjects

  • writ petition
  • administrative inquiry
  • land reforms
  • mutation case
  • civil writ jurisdiction
  • high court

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.242 of 2026
                 ======================================================
                 Onkar Singh @ Onkar Prasad Singh Son of Late Gevi Prasad Singh @ Gaivi
                 Prasad Singh, Resident of Village and Post- Kolhatha, P.S. Barahaat, District-
                 Banka (Bihar).

                                                                       ... ... Petitioner/s
                                                   Versus
           1.    The State of Bihar through the Principal Secretary, Revenue and Land
                 Reforms Department, Bihar, Patna.
           2.    The Joint Secretary, Revenue and Land Reforms Department, Bihar, Patna.
           3.    The Collector, Banka.
           4.    The Deputy Collector, Land Reforms, Banka.
           5.    The Circle Officer, Barahat, Banka.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :     Mr. Amrendra Kumar Sinha No.1, Advocate
                 For the Respondent/s    :     Ms. Roona, AC to GP-7
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

3   17-03-2026                 Heard Mr. Amrendra Kumar Sinha No. 1, learned

                   counsel for the petitioner and Ms. Roona, learned AC to GP-7

                               2. The present petition has been preferred for the

                   following relief(s):

                                             “for giving direction to the respondents

                                  as to why not by how inquiry is being done and

                                  concluded by senior officer inspite of clear

                                  direction was given to the collector by the

                                  respondent Joint Secretary through its letter

                                  no.15/complaint (Banka) 12/265/2024-1208 dated

                                  19.7.2024 to get conducted enquiry about the facts
          Patna High Court CWJC No.242 of 2026(3) dt.17-03-2026
                                                      2/2




                                    alleged in the complaint that, after taking heavy

                                    amount, mutation case no. 417/2023-24 is being

                                    allowed and accepted by Rajesh Kumar, the then

                                    C.O. and others. And why not the then Deputy

                                    Collector Land Reforms, Who was authorized to

                                    conduct inquiry, after initiation did not conclude

                                    the inquiry.

                                                 (ii) To issue any other writ, order or

                                    direction which the Hon'ble Court deems fit and

                                    proper for the ends of Justice.”

                                3. After some argument, learned counsel for the

                    petitioner submits that he shall be approaching the Collector,

                    Banka for the redressal of the grievance with all the documents

                    in support of his case/allegation.

                                4. Granting said liberty and without commenting on

                    the merit of the case and expecting the Collector, Banka to look

                    into the grievance and do the needful, the writ petition stands

                    disposed of.



                                                   (Rajiv Roy, J)
Adnan/-

U


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