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Patna High Court

Sri Abhay Kumar SinghversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The writ petition is dismissed for non‑joinder of the necessary party, with liberty granted to approach the Additional Collector.

Summary

Petitioner Abhay Kumar Singh filed a writ petition seeking restoration of jamabandi for certain land parcels, compliance with orders of the Deputy Collector Land Reforms and the Sub‑Divisional Public Grievance Redressal Officer, disciplinary action against a Circle Officer for wilful non‑compliance, and compensation for alleged harassment. The State counsel argued that Ritu Singh, an opponent in a related revision petition, was not joined as a respondent, rendering the writ petition defective. The court examined whether the failure to join a necessary party warranted dismissal. It granted the petitioner liberty to approach the Additional Collector, West Champaran, to pursue the matter before the reviewing authority. Consequently, the writ petition was disposed of, effectively dismissing it pending further action before the reviewing authority.

Issues considered

  • Whether the writ petition should be dismissed for non‑joinder of a necessary party (Ritu Singh).
  • Whether the petitioner is entitled to directions for restoration of jamabandi and disciplinary action against the Circle Officer.

Subjects

  • writ jurisdiction
  • jamabandi
  • land reforms
  • non‑joinder of party
  • revision petition
  • administrative law
  • disciplinary action
  • compensation

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Civil Writ Jurisdiction Case No.28 of 2026
                 ======================================================
                 Sri Abhay Kumar Singh Son of Late Shyam Sundar Singh, Resident of
                 Village- Bholapur Kharhat, P.S.- Bhairoganj, Bagaha, District- Paschim
                 Champaran, Bihar- 845106.                                 ... ... Petitioner/s
                                                    Versus
           1.     The State of Bihar through the Principal Secretary, Department of Revenue
                  and Land Reforms, Government of Bihar, Patna- 800015.
           2.    The Additional Chief Secretary, General Administrative Department, Patna
                 Secretariat, Main Secretariat Building (Old), Patna- 800015.
           3.    The Divisional Commissioner, Tirhut, Commissioner Office, Kampanibag,
                 Muzaffarpur- 842001.
           4.    The District Magistrate cum Collector, Collectorate, Paschim Champaran,
                 Bettiah- 845438.
           5.    The Additional Collector, Paschim Champaran, Bettiah- 845438.
           6.    The Deputy Collector Land Reforms (DCLR), Bagaha, Paschim Champaran,
                 Bihar- 845101.
           7.    The Circle Officer, Bagaha- I, P.S.- Bagaha, District- Paschim Champaran,
                 Bihar- 845101.
           8.     Mrs. Narmada Srivastava, Circle Officer, Bagaha- I, P.S.- Bagaha, District-
                  Paschim Champaran, Bihar- 845101.
                                                                          ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :        Mr. Sumit Kumar
                 For the Respondent/s   :        Mr. Government Pleader (27)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

3   18-04-2026                  Heard the parties.

                               2. The present application has been preferred for the

                   following relief(s):

                                                      a) For a direction to the Circle
                                            Officer Bagaha-1 to restore the jamabandi
                                            with respect to the land situated at mauza
                                            Amwaliya (Thana No. 231) Khata No. 28,
                                            52, 55, 21, 21, 21 Khesra No.-585, 572, 555,
                                            662, 551, 694 Area 1 Acre 88.736 decimal,
                                            57.442 decimal, 27.975 decimal, 20.142
                                            decimal, 1 acre 49.2 decimal, 32.824
Patna High Court CWJC No.28 of 2026(3) dt.18-04-2026
                                            2/3




                                  decimal respectively in the light of the order
                                  dated 09.08.2024 passed by learned Deputy
                                  Collector Land Reforms (DCLR), Bagaha in
                                  M.A. Case No. 23 of 2023-24, in the facts
                                  and circumstances of the case.
                                              b)       For   a   direction     to   the
                                  respondent authorities to act in accordance
                                  with the order/direction passed by Sub-
                                  Divisional       Public    Grievance       Redressal
                                  Officer on 29.10.2025 in the Unique
                                  Complaint No.- 9998801050825108120.
                                              c) For a direction to the concerned
                                  respondent authorities to take appropriate
                                  disciplinary/administrative action against
                                  Respondent No. 7 (that is the post on which
                                  respondent no.- 8 is posted) for wilful and
                                  persistent violation of lawful orders and
                                  directions issued by the learned Deputy
                                  Collector Land Reforms (DCLR) Bagaha
                                  and     Sub-Divisional         Public      Grievance
                                  Redressal Officer (PGRO) Bagaha which is
                                  a misconduct resulting into harassment and
                                  mental agony to the petitioner.
                                              d)       For   a   direction     to   the
                                  respondent authorities to pay compensation
                                  to the petitioner for harassment and undue
                                  delay caused by non-execution of lawful
                                  orders in the facts and circumstances of the
                                  case.
                                              e) For any other relief/reliefs
         Patna High Court CWJC No.28 of 2026(3) dt.18-04-2026
                                                     3/3




                                           which the petitioner is entitled to.
                               3. At the outset, learned counsel for the petitioner

                   submits that though earlier the Circle Officer, Bagaha-I failed to

                   act as per the order passed by the D.C.L.R., Bagaha, West

                   Champaran, now the present position is that against the said

                   order of the Appellate Authority, Ritu Singh has preferred

                   revision petition before the Additional Collector, West

                   Champaran.

                               4. Learned State counsel submits that despite the

                   knowledge of Ritu Singh being the opponent in the present case,

                   she has not been made party respondent in the writ petition and

                   as such, the writ petition is fit to be dismissed for non-joinder of

                   the necessary parties.

                               5. At this stage, learned counsel for the petitioner

                   submits that he shall be agitating the matter before the

                   Reviewing Authority/the Additional Collector, West Champaran

                   by putting in his appearance.

                               6. Granting said liberty, the writ petition is disposed

                   of.



                                                 (Rajiv Roy, J)
Ravi/-

U


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