Patna High Court
Nazrana KhanversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PURNENDU SINGH
Holding
The writ petition is premature and must be pursued in a competent civil court, rendering the High Court's jurisdiction inapplicable.
Summary
Nazrana Khan filed a writ petition seeking an inquiry into alleged fraudulent registration and manipulation of her land records by state officials and private respondents, claiming she was defrauded of Rs.70 lakh. The land in question is situated in Biharsharif Circle, Mauza Amarpur. The High Court observed that the petitioner had not approached the appropriate civil court and that the writ petition was premature. The Court directed the petitioner to pursue the appropriate civil remedy under the law. Consequently, the writ petition was disposed of without any order against the respondents.
Issues considered
- Whether the High Court has jurisdiction to entertain a writ petition alleging fraud in land registration.
- Whether a writ petition is the appropriate remedy for a civil dispute involving alleged fraud and monetary loss.
Subjects
- writ jurisdiction
- land fraud
- registration manipulation
- premature petition
- civil remedy
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2783 of 2026
======================================================
Nazrana Khan W/o- Sarfaraz Khan, Resident of Kaghzi Mohalla P.S.- Bihar
Sharif, District- Nalanda.
... ... Petitioner/s
Versus
1. The State of Bihar Through Principal Secretary, Revenue Department,
Government of Bihar, Patna.
2. The District Collector, Nalanda.
3. The Superintendent of Police, Nalanda.
4. Sub-Divisional Officer, Bihar Sharif, Nalanda.
5. The Sub Registrar, Registry Office, Biharsharif, Nalanda.
6. The Circle Officer, Biharsharif.
7. Md. Rashid Ali, Son of Md. Ataullah Bokhari, Resident of Sohdih, Sohsarai,
Nalanda.
8. Nadim Akhtar, Son of Lt. Buland Akhtar, Resident of Sabwait, Biharsharif,
Nalanda.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Ms.Tetara Kumari, Advocate
Mr.Raju Prasad, Advocate
Mr.Mithilesh Kumar Upadhyay, Advocate
For the Respondent/s : Mr. S.P.Singh, GA 3
Mr.Shiv Kumar, AC to GA 3
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 27-02-2026 Heard Ms. Tetara Kumari along with Mr. Raju Prasad
and Mr. Mithilesh Kumr Upadhyay, learned counsels appearing
on behalf of the petitioner and Mr. S.P.Singh, learned GA 3
along with Mr. Shiv Kumar, learned AC to GA 3 for the State.
2. The petitioner in paragraph no. 1 of the present writ
petition has sought inter alia following relief(s), which is
reproduced hereinafter:-
Patna High Court CWJC No.2783 of 2026(2) dt.27-02-2026
2/2
“That instant writ application has been
filed for direction to the authorities to hold an inquiry
into the affairs of the state officials who are
fraudulently allowing registration and manipulation
in the records relating with the land of the petitioner
and further it is prayed that appropriate action may
be taken against the erring officials including those
who are involved in this malpractices in accordance
withdraw and/or pass such other order or orders as
your Lordship may deem fit and proper in the facts
and circumstances of the case.”
3. The land in question is situated in Biharsharif
Circle situated in Mauza Amarpur, appertaining to Khata No.62
Thana No.324, Plot No.1338, area about 3 Katha. The petitioner
claims that he had entered into a contract with the respondent
no.8, who committed fraud with the petitioner after taking
Rs.70 lac.
4. The petitioner instead of availing remedy before
competent civil court has filed the present writ petition. The writ
petition is pre-mature.
5. The petitioner, however, if so advised, may avail
appropriate remedy in accordance with law.
6. With the above observation/direction, the present
writ petition stands disposed of.
(Purnendu Singh, J)
chn/-
U
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