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Patna High Court

Sudha DeviversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court held that the District Magistrate must verify the parties' claims, block the relevant land records, and prevent further sales, leading to the disposal of the writ petition.

Summary

The petitioners, Sudha Devi and Sanjiv Kumar Singh, alleged that Shail Devi (respondent No.6) and certain revenue officials were fraudulently selling and mutating their ancestral immovable property in Muzaffarpur. They claimed that complaints filed with the District Magistrate and the Collector on 11‑04‑2025 and 24‑04‑2025 were ignored. The petition sought writs of mandamus to restrain the illegal sales, direct an investigation, and block the mutation of the disputed lands. The Court directed the Circle Officer to produce the relevant land records before the District Magistrate, and ordered the District Magistrate to verify the parties' claims against revenue records, block the Khata and Khesra entries online, and prevent further sales pending a competent civil court's determination. Accordingly, the writ petition was disposed.

Issues considered

  • Whether the respondents should be restrained from selling and mutating the petitioners' ancestral property.
  • Whether a writ of mandamus can be issued directing investigation and fixing civil/criminal liability for alleged collusion.
  • Whether the District Magistrate and Collector are obligated to consider the petitioners' complaints and representations.
  • Whether the District Magistrate should block land records and prevent further transactions pending adjudication.

Subjects

  • ancestral property
  • land mutation
  • writ of mandamus
  • illegal sale
  • revenue records
  • district magistrate
  • civil court jurisdiction
  • petition disposed

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  Civil Writ Jurisdiction Case No.46 of 2026
                 ======================================================
           1.     Sudha Devi W/o Anil Kumar Singh, Resident of Village- Bhatgama, Post-
                  Balaur, P.S.- Gaighat, District- Muzaffarpur, At Present Resident of Taksal,
                  P.S. Kasauli, District- Solan, Himachal Pradesh.
           2.    Sanjiv Kumar Singh S/o Late Birendra Prasad Singh, Resident of Village-
                 Bhatgama, Post- Balaur, P.S.- Gaighat, District- Muzaffarpur, At Present
                 Resident of Ward No. 28, Rajopatti, Post-Sitamarhi Bazar, P.S. and District-
                 Sitamarhi.

                                                                          ... ... Petitioner/s
                                                 Versus
           1.    The State of Bihar through the Additional Chief Secretary, Department of
                 Revenue and Land Reforms, Government of Bihar, Patna.
           2.    The Collector, Muzaffarpur.
           3.    The Sub-Divisional Officer, Muzaffarpur East, Muzaffarpur.
           4.    The Circle Officer, Gaighat, Muzaffarpur.
           5.    The S.H.O., Gaighat Police Station, Muzaffarpur.
           6.    Shail Devi, W/o Ram Vilas Singh, Resident of Village- Bariaut, P.S.-
                 Kamtaul, District- Darbhanga.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr.Madhu Prasun, Advocate.
                 For the Respondent/s   :      Standing Counsel (1)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

2   19-01-2026                    Heard learned counsel appearing on behalf of the

                   petitioners and learned counsel for the State.

                               2. The petitioners in paragraph no. 1 of the present

                   writ petition have sought, inter alia, following relief(s), which is

                   reproduced hereinafter:-

                                              “i. For issuance of an appropriate writ/writs,
                                  order/ orders, direction/directions commanding the
                                  concerned respondents to restrain the Respondent No-6 and
                                  a few Revenue Staffs of Gaighat Circle, Muzaffarpur, who
                                  are under her collusion for illegal gains, to sell any
                                  ancestral immovable property claimed by respondent no.-6
Patna High Court CWJC No.46 of 2026(2) dt.19-01-2026
                                            2/4




                          as she in a fraudulent way is selling partitioned ancestral
                          properties of the petitioner's share and ensuring mutation of
                          the same in collusion with the aforesaid Gaighat Circle
                          staffs.
                                       ii. For issuance of a writ of mandamus or any
                          other appropriate writ/writs, order/orders, direction/
                          directions commanding the concerned respondents to
                          ensure that respondent no.-6 or any of the person who
                          recently purchased (in the year 2024 afterwards) "Naihari"
                          properties, as claimed by respondent no.-6 as her share to
                          take possession of the aforesaid properties forcefully or
                          fraudulently as the aforesaid respondent no.6 in collusion
                          with few Gaighat Circle staffs is ensuring mutation of the
                          same in a very illegal and fraudulent way.
                                       iii. For issuance of a writ of mandamus or any
                          other        appropriate        writ/writs,     order/orders,
                          direction/directions      commanding        the    concerned
                          respondents to make proper enquiry/investigation in the
                          matter of illegality and fraud committed by the respondent
                          no.6 in collusion with few revenue staffs of Gaighat Circle,
                          Muzaffarpur and thereafter fix appropriate civil/ criminal
                          liability on them for their illegal deeds making the
                          petitioner suffered.
                                       iv. For issuance of a writ of mandamus or any
                          other        appropriate        writ/writs,     order/orders,
                          direction/directions      commanding        the    concerned
                          respondents to consider the representations of the
                          petitioners and do needful thereafter as the said
                          representation have not been considered till date causing
                          injustice to the petitioner.
                                       v. For any other relief/ reliefs for which the
                          petitioner is entitled under law.

                      3. Learned counsel appearing on behalf of the

          petitioners submitted that specific statement has been made in

          Paragraph Nos. 11 and 12 of the writ petition with regard to

          non-consideration of the complaint made before the District

          Magistrate, which are reproduced hereinafter:

                                      “11. That thereafter the petitioner no.2 had
                          made complaint on 11.04.2025 against a few revenue staffs
                          of Gaighat Circle in the Janta Darbar of the District
                          Collector, Muzaffarpur as they for illegal gain and under
                          collusion had added the khesra belonging to the petitioners
                          in forged jamabandi but again the said complaint was not
                          considered.
Patna High Court CWJC No.46 of 2026(2) dt.19-01-2026
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                                     12. That when no action was taken on the
                          aforesaid complaint then again the petitioner has made
                          complaint/representation before the Collector on
                          24.04.2025 regarding same reason but neither the same was
                          considered not needful was done.”

                      4. Several sale deeds have been executed by the

          petitioners in respect of land situated in Bihari Mauza Urf

          Bhatgawan appertaining to Khata No. 68 and 69 and Khesra

          Nos. 791, 682 and 673. The respective parties may show their

          evidence in support of their claim before the District Magistrate

          cum Collector on the basis of Khatiyan along with their

          genealogy to support their stand that they are the descendant of

          a common ancestor in whose name Jamabandi is/was existing

          and they claim themselves to be the coparcener of each other.

                      5. The Circle Officer concerned, therefore, must

          forthwith produce the records relating to the above land in

          dispute     before     the     District      Magistrate   cum   Collector,

          Muzaffarpur.

                      6. The District Magistrate cum Collector, Muzaffarpur

          is directed to verify the claim of the respective parties on the

          basis of their claim and the counter claim and verify it from the

          revenue records maintained at Circle level. In case, the District

          Magistrate cum Collector, Muzaffarpur finds to stop alleged

          illegal sale of land by either of the parties, then in that case, he

          must first block all the Khata and Khesra in respect of the
          Patna High Court CWJC No.46 of 2026(2) dt.19-01-2026
                                                      4/4




                    petitioners available on line so that the either parties may be

                    restrained from selling any piece of land in future before their

                    respective share is determined by a competent civil court having

                    jurisdiction or the District Magistrate may proceed to give his

                    finding in respect of the land belonging to the share of the

                    petitioners on the basis of impeccable evidence.

                                7. The writ petition, accordingly, stands disposed of.




                                                            (Purnendu Singh, J)

mantreshwar/-

U


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