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Patna High Court

Nazrana KhanversusThe State of Bihar

Decided
Disposal
DISPOSED

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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