Patna High Court
Kailash Nath JhaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- GIRIJISH KUMAR
Holding
The court disposed of the writ application without adjudicating its merits, directing the petitioner to file a representation before the District Magistrate within 15 days and the District Magistrate to decide it within three months with a reasoned order.
Summary
The petitioner, Kailash Nath Jha, filed a writ application seeking a writ of certiorari to quash a Gram Sarpanch order dated 19/05/23 that prohibited any activity on land bearing khata no. 219, kshetra no. 2282, and also requested the District Magistrate to verify the genuineness of settlement documents and, if forged, to initiate criminal proceedings. He further prayed that he be allowed to file a representation before the District Magistrate within a fixed time and that the Magistrate dispose of it promptly. The respondents raised no objection to this limited prayer. The High Court, without expressing any view on the merits or maintainability of the writ, disposed of the application at the admission stage, granting the petitioner liberty to file the representation within 15 days and directing the District Magistrate‑cum‑Collector to decide it within three months with a reasoned order. No final order on the substantive land dispute was issued and the writ application was consequently disposed.
Issues considered
- Whether the petitioner is entitled to a writ of certiorari to quash the Gram Sarpanch's order restricting activity on the disputed land.
- Whether the court may direct the petitioner to file a representation before the District Magistrate and prescribe time‑limits for such filing and disposal.
- Whether the court should entertain the merits of the writ application at the admission stage.
Subjects
- writ of certiorari
- land dispute
- Gram Sarpanch order
- District Magistrate
- representation filing
- procedural direction
- admission stage disposal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7561 of 2026
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Kailash Nath Jha Son of Late- Shatrughan Jha, resident of village- Ujan
(Kanakpur), P.O.- Lohna Road, P.S. - Sakatpur, District- Darbhanga presently
residing at Mohalla and P.O.- Subhankarpur, Ward No. - 8, P.S.- Town, Town
and District- Darbhanga.
... ... Petitioner/s
Versus
1. The State of Bihar through Secretary, Panchayati Raj, Govt. of Bihar, Patna.
2. The District Magistrate-cum-Collector, Darbhanga.
3. The Circle Officer, Block- Manigachi, District- Darbhanga.
4. The Gram Panchayat, Gram Raj- Ujan, Block- Manigachi, District-
Darbhanga through its Mukhiya.
5. Sri Chandranath Upadhayay, resident of village- Ujaan, Ward No. 10, P.S. -
Sakatpur, District- Darbhanga.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Chandan Jha, Advocate
Mrs. Sweta Kumari, Advocate
Mrs. Archana Jha, Advocate
For the Respondent/s : Mr. Government Pleader (27)
======================================================
CORAM: HONOURABLE MR. JUSTICE GIRIJISH KUMAR
ORAL ORDER
2 25-06-2026 Heard learned counsel for the petitioner and learned
counsel for the respondent.
2. With the consent of both the parties, this writ
application is being disposed of at admission stage itself.
3. In the present writ application the petitioner has prayed
for the grant of following relief:-
“That this is an application praying to this
Hon’ble Court that it may kindly be pleased to
issue writ in the nature of writ of certiorari
quashing the Order passed under the signature of
Gram Sarpanch, Ujan (Manigachi, Darbhanga),
received dated 19/05/23 (Anne-P/6) from doing
any activity on the land bearing khata no. 219
khesra no. 2282.
Patna High Court CWJC No.7561 of 2026(2) dt.25-06-2026
2/3
This is further to direct the District Magistrate-
cum-Collector Darbhanga to inquire into
genuineness of settlement purcha presented by
both the parties claiming title of the land and
after due verification criminal case should be
ordered to be initiated against the holder of the
forged settlement document.
Any other/further consequential relief, which
this Hon’ble Court may deem fit in the facts and
circumstances of the case can also be granted.”
4. During the course of argument, learned counsel for the
petitioner submits that the petitioner may be permitted to file a
representation before the respondent no. 2, i.e., The District
Magistrate-cum-Collector, Darbhanga and appropriate direction may
be issued to dispose of the same within a fixed time frame, after
giving an opportunity of hearing to the petitioner.
5. To the aforesaid prayer being made by learned counsel
for the petitioner, learned counsel appearing for respondent does not
have any objection.
6. Considering the limited nature of prayer being made by
learned counsel for the petitioner, this writ application is disposed of
granting liberty to the petitioner to file a representation/application
before the respondent no. 2 ,i.e., The District Magistrate-cum-
Collector, Darbhanga within 15 days from today and if such a
representation/application is filed within the stipulated time then the
respondent no. 2, i.e., The District Magistrate-cum-Collector,
Darbhanga is directed to dispose of the same within a period of three
Patna High Court CWJC No.7561 of 2026(2) dt.25-06-2026
3/3
months from the date of receipt of such representation/application,
after giving an opportunity of hearing to the petitioner.
7. Needless to emphasize that the final order which shall
be passed by the respondent no. 2, i.e., The District Magistrate-cum-
Collector, Darbhanga should be a reasoned and speaking order.
8. This Court has not expressed any opinion on the merit
of the case including maintainability of the writ application.
9. With the aforesaid observation/direction and liberty
granted, this writ application is disposed of.
10. All pending interlocutory application(s), if any, shall
also be deemed to have been disposed of.
amit/- (Girijish Kumar, J)
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