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
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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/-
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