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Patna High Court

Suresh PrasadversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The writ petition was dismissed, with the court directing the petitioners to file a revision before the appropriate authority.

Summary

The petitioners, three brothers claiming ownership of a parcel of land, filed a writ petition challenging a notice issued by the Anchal Adhikari, Silao, which barred them from approaching the land of respondent No.6. They alleged that the notice, issued under an order of the Land Reforms Deputy Collector, was passed without any inquiry or verification of relevant documents and therefore was improper. The petition sought a certiorari to set aside the notice and a mandamus directing the respondents to provide protection and security over the land. The High Court observed that the petitioners have an alternative remedy of filing a revision before the appropriate authority. Consequently, the court disposed of the writ petition, directing the petitioners to pursue the revision remedy.

Issues considered

  • Whether the notice issued by the Anchal Adhikari, Silao, was passed without due inquiry and verification, rendering it violative of natural justice.
  • Whether the High Court should entertain the writ petition for certiorari and mandamus, or direct the petitioners to seek redress through a revision.

Subjects

  • land dispute
  • certiorari
  • mandamus
  • revision
  • notice
  • Land Reforms
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Civil Writ Jurisdiction Case No.8167 of 2026
                 ======================================================
           1.     Suresh Prasad Son of Late Bhatu Mahto @ Bhotto Singh, resident of
                  Village- Juafardih, Police Station-Nalanda, District-Nalanda (Bihar).
           2.    Naresh Prasad @ Sri Naraian, Son of Late Bhatu Mahto @ Bhotto Singh,
                 resident of Village- Juafardih, Police Station-Nalanda, District-Nalanda
                 (Bihar).
           3.    Rabi Bhushan Kumar, Son of Late Bhatu Mahto @ Bhotto Singh, resident of
                 Village- Jufardih, Police Station-Nalanda, District-Nalanda (Bihar).


                                                                               ... ... Petitioner/s
                                                    Versus

           1.    The State of Bihar through the Principal Secretary Revenue Department,
                 Government of Bihar, Patna.
           2.    The Principal Secretary Revenue Department, Government of Bihar, Patna.
           3.    The District Magistrate -cum- Collector, Nalanda, District- Nalanda.
           4.    The Land Reforms Deputy Collector, Rajgir (Nalanda), District-Nalanda.
           5.    The Circle Officer, Silao, Anchal-Silao, District- Nalanda.
           6.    Kumar Kishore Nanda, Son of Late Banke Prasad Singh, resident of Village-
                 Jufardih, Police Station-Nalanda, District-Nalanda.


                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr. Rabindra Prasad Singh, Advocate
                 For the State          :      Mr. Divit Vinod, AC to SC-26
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR

                                                ORAL ORDER


2   24-06-2026                     Heard Sri Rabindra Prasad Singh, learned counsel

                   for the petitioners and Sri Divit Vinod, learned counsel for the

                   State.

                                 2. The present writ petition has been filed with the

                   following prayers:

                                                     “That this writ petition is being
Patna High Court CWJC No.8167 of 2026(2) dt.24-06-2026
                                            2/3




                                  filed on behalf of the petitioners              for
                                  issuance of an order/orders/ direction/
                                  directions writ in nature of certiorari to set-
                                  aside the notice vide Memo No. 1134 dated
                                  22.04.2026 passed by the Anchal Adhikari,
                                  Silao, Nalanda in pursuance of order passed
                                  in Land Dispute Case No. 16 of 2025-26
                                  passed by the Land Reforms Deputy
                                  Collector, Rajgir, Nalanda whereby and
                                  whereunder the Anchala Adhikari, Silao,
                                  Nalanda has ordered to not approach at the
                                  land of the respondent No. 6 to others
                                  persons as the land mentioned in notice
                                  dated 22.04.2026 belongs to the petitioners,
                                  the respondents have passed order without
                                  inquiry       and      verification   of   relevant
                                  documents of the land in question and
                                  thereafter the notice dated 22.04.2026 is not
                                  proper and it may be set-aside for the ends
                                  of justice.
                                                (ii) And further be pleased to pass
                                  an order/orders/direction/ directions writ in
                                  the nature of mandamus directing and
                                  commanding to the Respondents to give full
                                  protection and security over the land-in-
                                  question to the petitioners.
                      3. In view of the alternative remedy available to the

          petitioners, petitioners are advised to file Revision before the

          appropriate authority.
          Patna High Court CWJC No.8167 of 2026(2) dt.24-06-2026
                                                      3/3




                                4. With the aforesaid direction, the present writ

                    petition is disposed of.



                                                                   (Alok Kumar, J)
    Bipin/-

U


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