Patna High Court
Md. OwaisversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The petition was disposed, directing the petitioner to approach the Collector, Samastipur, for a reasoned order on the reliefs sought.
Summary
The petitioner, Md. Owais, filed a writ petition seeking an order to prevent the respondents from imposing restrictions on his ancestral land, to compel the respondents to accept rent and issue receipts, and to obtain an interim stay of any further restrictions. He also requested that the court grant any other appropriate relief. The State counsel noted that a similar petition (CWJC No. 17999 of 2024) had been filed earlier and would be pursued to its logical conclusion if re‑filed. After hearing both sides, the court did not grant any of the substantive writs but directed the petitioner to approach the Collector of Samastipur for a reasoned order on the matters raised. The petition was therefore disposed, with the court ordering the petitioner to seek relief through the administrative authority.
Issues considered
- Whether the respondents can lawfully impose restrictions on the petitioner’s ancestral land
- Whether the petitioner is entitled to have rent accepted and a rent receipt issued
- Whether an interim stay of the respondents’ actions should be granted pending the petition
Subjects
- land reform
- writ petition
- restriction on land
- rent receipt
- interim stay
- administrative law
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3935 of 2026
======================================================
Md. Owais Son of Abdul Rab, Resident of Ward No.- 06, Rahimabad, P.S.-
N.H. Bangra, District Samastipur.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of
Revenue/Land Reforms, Bihar, Patna.
2. The District Magistrate, Samastipur.
3. The Additional District Magistrate, Samastipur.
4. The Deputy Collector of Land Reforms, Samastipur.
5. The Sub- Divisional Officer, Samastipur.
6. The Circle Officer, Tajpur, District- Samastipur.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Binay Kumar, Advocate
For the Respondent/s : Mr. Government Advocate (7)
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 31-03-2026 Heard the parties.
2. The present petition has been preferred for the
following relief(s):
“(i) For issuance of an appropriate writ,
order or direction commanding the respondents
from imposing restriction upon the petitioner's
ancestoral land bearing Mauza Rahimabad
(Tajpur) Khata No. 268, Plot No. 2079, 2085,
2086, 2087, 2089, 2090, 2098, 2103, 2120, 2176,
2221, 2266, 2272, 2280, 2399, 2406. The registry
of the aforesaid land is banned.
Patna High Court CWJC No.3935 of 2026(2) dt.31-03-2026
2/3
(ii) For issuance of an appropriate writ,
order or direction commanding the respondents to
accept rent and issue rent receipt in favour of the
petitioner.
(iii) For issuance of an appropriate writ,
order or direction for grant of ad-interim stay of
the respondents action of imposing various type of
restrictions upon the land of petitioner during
pendency of this writ petition.
(iv) For issuance of an appropriate writ,
order or direction for grant of any other relief or
reliefs which may be deemed fit and proper in the
facts and circumstances of the case.”
3. After some argument, learned counsel for the
petitioner submits that he shall be approaching the Collector,
Samastipur (respondent no. 2) in a period of eight weeks from
today.
4. Learned State counsel submits that though earlier
the petitioner had moved before this Court in CWJC No. 17999
of 2024, if any such petition is filed, it will be taken to its
logical conclusion.
5. Learned counsel for the petitioner submits that
Patna High Court CWJC No.3935 of 2026(2) dt.31-03-2026
3/3
earlier he preferred the petition which was not considered.
6. In that background, the writ petition stands
disposed of allowing the petitioner to approach the Collector,
Samastipur (respondent no. 2) who shall be hearing all the
parties and passing a reasoned order at an earliest.
(Rajiv Roy, J)
Adnan/-
U
Checking your session…