Patna High Court

Syed Ali Abbas AbdiversusThe State of Bihar

Decided: 21 April 2026
Disposal: DISPOSED
Bench: RAJIV ROY

Holding

The Court declined to grant certiorari and disposed the writ petition, directing the petitioner to approach the superior revenue authority with the relevant documents.

Summary

The petitioner, Syed Ali Abbas Abdi, filed a writ petition seeking a certiorari to quash an order dated 07-02-2024 issued by the Circle Officer, Mushahari, which altered the Jamabandi in favour of the respondents without considering the real facts and circumstances. The petitioner alleged that the revenue officer acted arbitrarily and requested that a fresh order be passed after a proper hearing. The State counsel expressed no objection to the petitioner's intention to approach a higher revenue authority. The Court examined whether the writ jurisdiction was appropriate for reviewing the revenue officer's order. It held that the petitioner should first approach the superior revenue authority with the necessary documents. Consequently, the petition was disposed, with a direction to the petitioner to file an appropriate petition before the concerned authority for speedy disposal.

Issues considered

Whether the High Court should issue a writ of certiorari to quash the Circle Officer's order altering the Jamabandi without proper consideration of facts

Subjects

certiorari
mutation
Jamabandi
revenue law
writ petition
administrative law

Judgment

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.5169 of 2026
     ======================================================
     Syed Ali Abbas Abdi Son of Late Jalil Hussain, Resident of Village- Saraiye
     Chak @ Sipapur, P.S.- Ahiyapur, District- Muzaffarpur.

                                                               ... ... Petitioner/s
                                        Versus
1.   The State of Bihar through the Collector, Muzaffarpur.
2.   The District Magistrate, Muzaffarpur.
3.   The D.C.L.R., Muzaffarpur.
4.   The Circle Officer, Mushahari, Muzaffarpur.
5.   Subodh Kumar, S/o Late Nagendra Ray, Resident of Village- Bari Jagarnath,
     Bhikhanpur, P.S.- Ahiyapur, District- Muzaffarpur.
6.   Ranjit Ray, S/o Late Nagendra Ray, Resident of Village- Bari Jagarnath,
     Bhikhanpur, P.S.- Ahiyapur, District- Muzaffarpur.
7.   Sanjiv Kumar, S/o Late Nagendra Ray, Resident of Village- Bari Jagarnath,
     Bhikhanpur, P.S.- Ahiyapur, District- Muzaffarpur.
8.   Jageshwar Ray, S/o Late Mahipal Ray, Resident of Village- Bari Jagarnath,
     Bhikhanpur, P.S.- Ahiyapur, District- Muzaffarpur.
9.   Nageshwar Ray, S/o Late Mahipal Ray, Resident of Village- Bari Jagarnath,
     Bhikhanpur, P.S.- Ahiyapur, District- Muzaffarpur.
10. Pawan Ray, S/o Late Rajendra Ray, Resident of Village- Bari Jagarnath,
    Bhikhanpur, P.S.- Ahiyapur, District- Muzaffarpur.
11. Ashok Ray, S/o Late Rajendra Ray, Resident of Village- Bari Jagarnath,
    Bhikhanpur, P.S.- Ahiyapur, District- Muzaffarpur.
12. Shiv Chandra Ray, S/o Late Ganni Ray, Resident of Village- Bari Jagarnath,
    Bhikhanpur, P.S.- Ahiyapur, District- Muzaffarpur.
13. Shiv Shankar Ray, S/o Late Ganni Ray, Resident of Village- Bari Jagarnath,
    Bhikhanpur, P.S.- Ahiyapur, District- Muzaffarpur.
14. Subodh Kumar, S/o Late Lal Babu Roy, Resident of Village- Bari Jagarnath,
    Bhikhanpur, P.S.- Ahiyapur, District- Muzaffarpur.
15. Santosh Kumar, S/o Late Lal Babu Roy, Resident of Village- Bari Jagarnath,
    Bhikhanpur, P.S.- Ahiyapur, District- Muzaffarpur.
16. Karan Raj, S/o Late Aasho Ray, Resident of Village- Bari Jagarnath,
    Bhikhanpur, P.S.- Ahiyapur, District- Muzaffarpur.
17. Ranjan Kumar, S/o Late Aasho Ray, Resident of Village- Bari Jagarnath,
    Bhikhanpur, P.S.- Ahiyapur, District- Muzaffarpur.

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s   :      Mr.Mukund Mohan Jha, Advocate
     For the Respondent/s   :      Mr.Ramadhar Singh (25)
     ======================================================
         Patna High Court CWJC No.5169 of 2026(2) dt.21-04-2026
                                                     2/3




                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                    ORAL ORDER

2   21-04-2026                 Heard the parties.

                               2. The present petition has been preferred for the

                   following relief/s:

                                           (i) for issuance of an appropriate writ in the

                                           nature of certiorari to quash the order

                                           07.02.2024 passed in Mutation Case No.

                                           1941/2023-2024 whereby and whereunder

                                           the Circle Officer, Mushahari has changed

                                           the Jamabandi in favour of respondent

                                           without     considering   the   real   fact   &

                                           circumstances of the case and further

                                           direction may be issued to pass a fresh order

                                           after considering all the relevant document

                                           of this case after giving opportunity to

                                           hearing of the parties.

                                3. Mr. Mukund Kumar Jha submits that against the

                   order passed by the Circle Officer, Mushahari, Muzaffarpur he

                   shall be approaching the superior revenue authority in next for

                   weeks.

                                4. Learned State counsel has no objection to the said

                   stand of the petitioner.
         Patna High Court CWJC No.5169 of 2026(2) dt.21-04-2026
                                                     3/3




                                5. In that background, the writ petition is disposed of

                   with the observation if the petitioner prefers an appropriate

                   petition alongwith the relevant document before the authority

                   concerned, the authority concerned shall up the matter and

                   dispose it of at an earliest preferably by the end of the year.




                                                 (Rajiv Roy, J)
Ravi/-

U

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