Patna High Court
Sudha DeviversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PURNENDU SINGH
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
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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
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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/-
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