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Patna High Court

Awadh Kumar DubeyversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The writ petition is disposed of on the petitioner’s request to withdraw, with liberty to file a fresh application before the Divisional Commissioner within three weeks.

Summary

Awadh Kumar Dubey filed a writ petition challenging the Collector's order dated 10‑03‑2026 and the Sub‑Divisional Complaint Redressal Officer's order dated 24‑09‑2025, alleging that his khatiyani land had been illegally acquired and a road constructed on it. The State argued that the petitioner had not produced any documentary proof of his title and suggested that he appeal to the Divisional Commissioner. The petitioner subsequently sought to withdraw the writ and was granted liberty to file a fresh application before the Divisional Commissioner with supporting documents. The High Court allowed the withdrawal, disposed of the writ, and directed the petitioner to file the application within three weeks, with the Divisional Commissioner to decide the claim within six weeks, taking into account any limitation issues under Article 226. The order also noted that any limitation question would be considered in view of the petitioner's earlier proceedings before the Court.

Issues considered

  • What relief, if any, should be granted to the petitioner concerning the alleged illegal acquisition of his khatiyani land?
  • Whether the petitioner may withdraw the writ petition and be permitted to approach the Divisional Commissioner with supporting documents.
  • How should limitation be treated when the petitioner has already pursued the matter under Article 226 of the Constitution?

Legislation cited

Subjects

  • land acquisition
  • khatiyani land
  • writ petition
  • Article 226
  • limitation
  • administrative law
  • withdrawal of petition

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.8606 of 2026
                 ======================================================
                 Awadh Kumar Dubey Son of Pramod Kumar Dubey, Resident of Village-
                 Sanokhar, P.S.-Kahalgaon, District-Bhagalpur.

                                                                             ... ... Petitioner
                                                   Versus
           1.    The State of Bihar through Principal Secretary, Revenue and Land Reforms.
                 Govt. of Bihar, Patna.
           2.    The Principal Secretary, Revenue and Land Reforms, Govt. of Bihar, Patna.
           3.    The Divisional Commissioner, Bhagalpur.
           4.    The Collector-Cum-District Magistrate, Bhagalpur.
           5.    The Deputy Development Officer, Bhagalpur, District-Bhagalpur.
           6.    The Addl. Collector, Bhagalpur, District-Bhagalpur.
           7.    The Sub Divisional Officer, Kahalgaon, District-Bhagalpur.
           8.    The Land Acqusition Officer, Bhagalpur, District-Bhagalpur.
           9.    The Anchaladhikari, Sanhaula, District-Bhagalpur.
           10. The Executive Engineer, Rural Works Department, Work Division,
               Kahalgaon, District-Bhagalpur.

                                                           ... ... Respondents
                 ======================================================
                 Appearance :
                 For the Petitioner     :      Ms. Isha Mishra, Advocate
                                               Mr. Sharda Nand Mishra, Advocate
                                               Ms. Isha Mishra, Advocate
                 For the Respondents    :      Mr. Rajnish Shandilya, A.C. to G.A. 11
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RANA VIKRAM SINGH
                                       ORAL ORDER

2   29-06-2026                   1. Ms. Isha Mishra, learned counsel for the petitioner

                   appears and submits argument assailing the orders dated

                   10.03.2026 passed by the Collector-cum-District Magistrate,

                   Bhojpur and also for quashing the order dated 24.09.2025

                   passed by the Sub Divisional Complaint Redressal Officer,

                   Kahalgaon and has also submitted that a direction may be issued

                   to the respondents to release the khatiyani land of the petitioner
Patna High Court CWJC No.8606 of 2026(2) dt.29-06-2026
                                            2/3




          which has illegally been acquired by the respondents and they

          have also constructed a road thereon.

                        2. Learned counsel for the State submits that the

          Collector in his order dated 10.03.2026 as placed vide

          Annexure-P/6 has given a categorical finding that petitioner did

          not produce any document in support of his right. In view of the

          matter, the petitioner may be given liberty to file an appeal

          before the Divisional Commissioner, Bhagalpur taking all the

          grounds and pleas which has been taken in this writ application.

                          3. In this backdrop, petitioner prays for withdrawal

          of the writ application with liberty to file a proper application

          before the Divisional Commissioner, Bhagalpur taking all the

          grounds and pleas which has been taken herein with supporting

          documents.

                           4. Accordingly the prayer is allowed and the writ

          application is disposed of with liberty to the petitioner to file an

          application before the Divisional Commissioner, Bhagalpur with

          all supporting documents within three weeks henceforth and

          thereafter Divisional Commissioner, Bhagalpur is expected to

          decide claims of the petitioner after conducting necessary

          enquiries, if any, in order to ascertain the veracity of the claims

          by cross-examining it from the District Authority within six
           Patna High Court CWJC No.8606 of 2026(2) dt.29-06-2026
                                                       3/3




                     weeks thereafter.

                                  5. It goes without saying that if any question of

                     limitation arises before the competent authority, the same shall

                     be considered taking into consideration the fact that the

                     petitioner was pursuing the issue before this Court under Article

                     226 of the Constitution of India.


                                             (Rana Vikram Singh, J)

smriti/prakash-

U


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