Patna High Court
Nagendra SahaniversusThe State of Bihar
- Decided
- Disposal
- WITHDRAWN
- Bench
- RAJIV ROY
Holding
The petition is dismissed as withdrawn.
Summary
The petitioner, Nagendra Sahani, filed a writ petition seeking the quashing of a 1982 land purchase order and subsequent letters issued by various officials of the Bihar government concerning the allotment of land for rehabilitation under the Bagmati Project. The petition alleged that the purchase and allotment were illegal, arbitrary, and made without proper enquiry, and also sought a declaration of malafide conduct by the Circle Officer. After hearing, the petitioner’s counsel requested to withdraw the petition to pursue alternative remedies. The court granted liberty to withdraw and dismissed the writ petition as withdrawn, without addressing the merits of the claims.
Issues considered
- The legality of the purchase order dated 27-04-1982 for land allotted for rehabilitation.
- The legality of Letter No. 1231 dated 24.09.2025 issued by the Circle Officer concerning the same land.
- The validity of the land allotment in Letter No. 738 dated 16.05.2025 in favour of the petitioner.
- Whether the actions of the Circle Officer were arbitrary, malafide and liable for prosecution under service rules and the BNS, 2023.
- The jurisdiction of the Circle Officer to issue the contested letters.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 145
Subjects
- land acquisition
- rehabilitation
- writ petition
- quashing order
- administrative law
- service rules
- jurisdiction
- Bihar
- Bagmati Project
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2946 of 2026
======================================================
Nagendra Sahani Son of Late Dukha Sahani, Resident of Village-
Madhuchapra, P.O.- Jamuna, Police Station- Bairgania, District- Sitamarhi.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
2. The Additional Chief Secretary, Department of Water Resources,
Government of Bihar, Patna.
3. The Additional Chief Secretary, Department of Revenue and Land Reforms,
Government of Bihar, Patna.
4. The Additional Chief Secretary, Department of General Administration,
Government of Bihar, Patna.
5. The Joint Secretary, Department of Water Resources Government of Bihar,
Patna.
6. The Collector-cum-District Magistrate, Sitamarhi.
7. The Superintendent of Police, Sitamarhi.
8. The Sub-Divisional Officer, Sadar, Sitamarhi.
9. The Deputy Collector Land Reforms, Sadar, Sitamarhi.
10. The Circle Officer, Bairgania, District- Sitamarhi.
11. The Executive Engineer, Bagmati Project-cum-Rehabilitation Officer,
Bagmati Project, Sitamarhi.
12. The Sub Divisional Officer, Baghmati Sub Division No.4, Bagmati Nagar,
Sitamarhi.
13. The Station House Officer, Police Station- Bairgania, District- Sitamarhi.
14. Jai Kishor Prasad, Son of Late Jagat Narayan Prasad @ Jagat Narayan Sah,
Resident of Mohalla- Nuniya Toli, Main Road, Near of Mandal Nagar, Ward
No.5, Chakmahita, Police Station and District- Sitamarhi.
15. Hari Kishore Prasad, Son of Late Jagat Narayan Prasad @ Jagat Narayan
Sah, Resident of Mohalla- Nuniya Toli, Main Road, Near of Mandal Nagar,
Ward No.5, Chakmahita, Police Station and District- Sitamarhi.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Suresh Prasad Bhakta, Adv.
For the Respondent/s : Mr. Standing Counsel (16)
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 27-04-2026 Heard the parties.
2. The present application has been preferred for the
Patna High Court CWJC No.2946 of 2026(3) dt.27-04-2026
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following relief(s):
(i) for issuance of an appropriate
writ for quashing the purcha dated 1982/
27.04.1982 thereunder alleged to be allotted
21 decimals land bearing Plot (Chak) No. 60
and 61 of Khesra No. 3764 under Khata No.
319 situated at MauzaJamua, Thana No. 84,
District Sitamarhi in the year 1978 for
rehabilitation in favour of father of
respondent No. 14 and 15 namely Jagat
Narayan Prasad @ Jagat Narayan Sah
being head of displaced family of Bagmati
Project by the Sub Divisional Officer,
Bagmati Project, Sitamarhi.
(ii) For issuance of an appropriate
writ for quashing the letter No. 1231 dated
24.09.2025 (Annexure-P/16) issued by the
respondent Circle Officer, Bairgania,
Sitamarhi thereunder held that the purcha of
the land bearing Plot No. 3764 under Khata
No. 319 of MauzaJamua Thana No. 84 a5rea
10 decimals is issued without enquiry of
possession as the Purcha of the same is/was
already been issued in favour of respondent
Jay Kishore Prasad which is verified in
proceeding U/s 145 Cr. P. C. in Case No.
01/2024 (Annexure-P/17) by the respondent
No. 8.
(iii) This Hon'ble Court may
adjudicate and hold that the land allotment
Patna High Court CWJC No.2946 of 2026(3) dt.27-04-2026
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Purcha contained in letter No. 738 Sitamarhi
dated 16.05.2025 (Annexure-P/9) issued by
the Respondent No. 11 in favour of the
petitioner and his brother is legal, valid and
justified at all and they (allottees) are
entitled to get possession over the
settled/allotted land whose details are
mentioned in Paragraph No. 19 of this writ
application.
(iv) This Hon'ble Court may
further adjudicate and hold that the entire
actions of Sri Ranjeet Kumar, the Circle
Officer, Bairgania, District Sitamarhi in this
matter is arbitrary in nature and malafide
and is liable to be prosecuted under relevant
service rules applicable to him and under the
relevant provisions of the BNS, 2023.
(v) This Hon'ble Court may further
adjudicate and hold that the letter No. 1231
dated 24.09.2025 (Annexure-P/16) issued by
the respondent No. 10 the Circle Officer,
Bairgania, District - Sitamarhi is illegal and
without jurisdiction in the light of the
clarification as contained in Letter No. 1321
Sitamarhi dated 20.09.2024 (Annexure-P/14)
issued by the competent authority i.e.
respondent No.11 the Executive Engineer-
cum-Rehabilitation Officer) thereunder the
respondent Circle Officer, Bairgania, District
Sitamarhi is/was informed that land in
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question has not been settled with the private
respondents and their father in response to
Letter No. 1291 dated 23.08.2024
(Annexure-P/13).
3. After some argument, learned counsel for the
petitioner prays for withdrawal of the petition to pursue
alternate remedy available under the law of the land.
4. Granting said liberty, the CWJC No. 2946 of 2026
is dismissed as withdrawn.
(Rajiv Roy, J)
Vijay Singh/-
U
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