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Patna High Court

Mohammad Rafi UddinversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The petition is dismissed as there is an appropriate remedy under law and no public interest involved.

Summary

The petitioner filed a public interest litigation seeking the cancellation of four sale deeds of government land that were allegedly executed by private persons. The petition demanded writs directing the state authorities to cancel the deeds and to act expeditiously. The High Court examined whether the matter raised a genuine public interest and whether a writ remedy was appropriate. The Court held that the relief sought could be obtained through ordinary legal remedies and that the petition did not involve a true public interest, cautioning against misuse of PILs for private or political motives. Accordingly, the writ petition was dismissed, with liberty granted to the petitioner to pursue the appropriate statutory remedies. The order was pronounced by the Chief Justice and Justice Harish Kumar.

Issues considered

  • Whether the petition constitutes a genuine public interest litigation warranting writ relief
  • Whether the court can direct cancellation of the sale deeds of government land through a writ

Subjects

  • public interest litigation
  • PIL
  • land reform
  • sale deed cancellation
  • writ petition
  • misuse of PIL
  • government land
  • civil writ jurisdiction

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.3577 of 2026
                 ======================================================
                 Mohammad Rafi Uddin Son of Mohammad Zaki Uddin, Resident of- Ward
                 No.- 04, Near Jama Masjid Baro Milki Tola, P.O.- Baro, P.S.- Phulwaria
                 District- Begusarai.

                                                                             ... ... Petitioner/s
                                                   Versus
           1.    The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna.
           2.    The Principal Secretary, Revenue and Land Reforms Department, Govt. of
                 Bihar, Patna.
           3.    The District Magistrate, Begusarai.
           4.    The Addl. Deputy Collector, Begusarai.
           5.    The Sub Divisional Officer, Teghra, Begusarai.
           6.    The Deputy Collector of Land Reforms, Teghra, Begusarai.
           7.    The Circle Officer, Teghra, Begusarai.
           8.    The Sub Registrar Teghra, Begusarai.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :       Mr. Kumar Praveen, Advocate
                 For the Respondent/s   :       Mr. P.K. Shahi, Advocate General
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

2   18-03-2026                 Heard the learned Advocate for the petitioner and the

                   learned Advocate for the State.

                               2. The instant public interest litigation has been filed

                   for the following reliefs:-

                                                 A) For the issuance of appropriate
                                                 writ/writs,               order/orders,
                                                 direction/directions to the concerned
                                                 Respondent and state authorities to
                                                 immediately take appropriate action
                                                 on the public petition dated
Patna High Court CWJC No.3577 of 2026(2) dt.18-03-2026
                                            2/3




                                          26.01.2026 (Annexure-3) filed by the
                                          public before the state authorities for
                                          cancellation of all 4 (four) sale deed
                                          No.- 1609 dated 21.03.2022, Sale
                                          Deed No.-7097 dated 14.10.2022, sale
                                          deed No.-2620 dated 20.04.2023 and
                                          Sale Deed No.-9090 dated 23.12.2023
                                          of the Gair Majerua Khas (Govt.
                                          Land) under Teghra Circle in village-
                                          Baro having Thana No.- 373, Tauzi
                                          No.- 2948, Khata No.- 550, Khesra
                                          No.-1864 and 1876 executed by
                                          private persons in favour of other
                                          private persons.
                                          B) For direction to the respondent
                                          authorities to take appropriate action
                                          on the issue raised in the public
                                          petition expeditiously for cancellation
                                          of all 4 sale deed and complete the all
                                          formalities within a reasonable
                                          period.
                                          C) For any other relief/reliefs to
                                          which the petitioner is found entitled
                                          under the facts and circumstances of
                                          the present case.

                      3. Having considered the nature of the relief, this

          Court is of the view that there is appropriate remedy available to

          the petitioner for redressal of his grievance, besides no element

          of public interest is involved.

                      4. The Hon’ble Apex Court has an umpteem number

          of times cautioned that care has to be taken to see that a PIL

          essentially remains one filed in public interest and is not

          allowed to degenerate into becoming political interest litigation
             Patna High Court CWJC No.3577 of 2026(2) dt.18-03-2026
                                                         3/3




                       or private inquisitiveness litigation. In Public Interest Litigation,

                       misuse comes in various forms; publicity, private interest,

                       political rivalry or other oblique reasons can be a motive for its

                       misuse.

                                   5. Accordingly the present writ petition stands

                       dismissed with a liberty to the petitioner to avail appropriate

                       remedy available under the law.



                                           (Sangam Kumar Sahoo, CJ)


                                                   (Harish Kumar, J)
supratim/-

U


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