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Patna High Court

Jasiya Devi @ Jasia DeviversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court declined to entertain the writ and disposed of the petition, directing the parties to seek remedy in the appropriate forum.

Summary

Six women petitioners filed a writ petition in the Patna High Court seeking a certiorari to quash an order dated 24‑12‑2025 issued by the Collector‑cum‑District Magistrate, Muzaffarpur, which had set aside a 29‑04‑2019 order of the Circle Officer, Bochaha. The petition alleged that the Collector acted beyond his revisional jurisdiction, violated principles of natural justice and acted arbitrarily. The petition was heard via video conferencing before Justice Rajiv Roy. The court did not examine the merits of the allegations but instead directed the petitioners to approach the appropriate forum for redressal. Consequently, the writ petition was disposed of without any relief being granted.

Issues considered

  • Did the Collector‑cum‑District Magistrate have jurisdiction to revise the Circle Officer's order?
  • Did the revision order violate the principles of natural justice?
  • Is a writ of certiorari the appropriate remedy to quash the Collector's order?

Subjects

  • writ jurisdiction
  • certiorari
  • natural justice
  • revisional jurisdiction
  • administrative law
  • land reforms

Judgment

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.5992 of 2026
     ======================================================
1.    Jasiya Devi @ Jasia Devi Wife of Dharmendra Ray, Resident of Village-
      Jhapaha Tole Belahia, P.O.-Jhapaha, P.S.- Ahiyapur, Anchal- Bochaha, Sub-
      Division- Muzaffarpur East, District- Muzaffarpur, Bihar, PIN Code-
      842004.
2.   Sonia Devi, Wife of Narayan Ray, Resident of Village- Dharampur Belahia,
     P.O.-Dharampur, Sub- Division- Muzaffarpur East, District-Muzaffarpur,
     Bihar, PIN Code- 843117.
3.   Indu Devi, Wife of Sita Ram Ray, Resident of Village- Jhapaha Tole Belahia,
     P.O.-Jhapaha, P.S.- Ahiyapur, Anchal- Bochaha, Sub-Division- Muzaffarpur
     East, District- Muzaffarpur, Bihar, PIN Code- 842004.
4.   Mamita Devi, Wife of Shatrodhan Ray Resident of Village- Jhapaha Tole
     Belahia, P.O-Jhapaha, P.S.- Ahiyapur, Anchal- Bochaha, Sub-Division-
     Muzaffarpur East, District- Muzaffarpur, Bihar, PIN Code- 842004.
5.   Mina Devi, Wife of Ramesh Ray, Resident of Village- Jhapaha Tole Belahia,
     P.O.-Jhapaha, P.S.- Ahiyapur, Anchal- Bochaha, Sub-Division- Muzaffarpur
     East, District- Muzaffarpur, Bihar, PIN Code- 842004.
6.   Mintu Devi, Wife of Jitendra Kumar Ray, Resident of Village- Jhapaha Tole
     Belahia, P.O.-Jhapaha, P.S.- Ahiyapur, Anchal- Bochaha, Sub-Division-
     Muzaffarpur East, District- Muzaffarpur, Bihar, PIN Code- 842004.

                                                                 ... ... Petitioner/s
                                          Versus
1.   The State of Bihar through the Chief Secretary, Government of Bihar, Old
     Secretariat, Patna, District- Patna, State- Bihar, PIN Code- 800015.
2.   The Principal Secretary, Department of Revenue and Land Reforms,
     Government of Bihar, New Secretariat, Patna, District-Patna, State- Bihar,
     PIN Code - 800015.
3.   The District Magistrate -cum- Collector, Muzaffarpur, Office at Collectorate,
     Muzaffarpur, District- Muzaffarpur, State- Bihar, PIN Code 842001.
4.   The Additional District Magistrate, Muzaffarpur, Office at Collectorate,
     Muzaffarpur, District- Muzaffarpur, State- Bihar, PIN Code- 842001.
5.   The Sub- Divisional Officer, Muzaffarpur East, Office at Muzaffarpur,
     District- Muzaffarpur, State- Bihar, PIN Code- 842001.
6.   The Deputy Collector Land Reforms (DCLR), Muzaffarpur East, Office at
     Muzaffarpur, District-Muzaffarpur, State- Bihar, PIN Code- 842001.
7.   The Circle Officer, Bochaha, Office at Bochaha, District- Muzaffarpur,
     State- Bihar, PIN Code- 843103.
8.   Jagat Rai, Son of Late Mukhtar Rai Resident of village Jhapaha Tole
     Belahia, P.S- Ahiyapur, P.O- Jhapaha, Anchal- Bochaha, Sub Division-
     Muzaffarpur East, District- Muzaffarpur.
9.   Bharath Rai, Son of Late Mukhtar Rai Resident of village Jhapaha Tole
     Belahia, P.S- Ahiyapur, P.O- Jhapaha, Anchal- Bochaha, Sub Division-
     Muzaffarpur East, District- Muzaffarpur.
         Patna High Court CWJC No.5992 of 2026(2) dt.04-05-2026
                                                     2/3




                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mr. Jaspal Rana, Advocate
                 For the Respondent/s    :        Mrs. Nutan Sahay, AC to AAG-12
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   04-05-2026                 Heard Mr. Jaspal Rana, learned counsel for the

                   petitioners through video conferencing and Mrs. Nutan Sahay,

                   AC to AAG-12.

                               2. The present petition has been preferred for the

                   following relief(s):

                                               “for issuance of an appropriate writ in

                                   the nature of certiorari for quashing the order

                                   dated 24.12.2025 passed by the Collector-cum-

                                   District Magistrate, Muzaffarpur in Basgit Parcha

                                   Revision No. 04/2020-21, whereby and whereunder

                                   the learned Collector has set aside the order dated

                                   29.04.2019 passed by the Circle Officer, Bochaha

                                   in Basgit Parcha Case No. 4/2019-20, in gross

                                   violation of principles of natural justice, beyond

                                   the scope of revisional jurisdiction and in a

                                   manner wholly arbitrary and illegal.”

                               3. After some arguments, learned counsel for the

                   petitioners submit that they shall be approaching the appropriate
          Patna High Court CWJC No.5992 of 2026(2) dt.04-05-2026
                                                      3/3




                    competent Court for the redressal of the grievance.

                                4. Granting said liberty, the writ petition stands

                    disposed of.



                                                  (Rajiv Roy, J)
Adnan/-

U


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