Patna High Court
Md. Sagir AhmadversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RANA VIKRAM SINGH
Holding
The writ petition is dismissed as non‑maintainable, but the Collector‑Cum‑Registrar is ordered to dispose of the pending appeal within six weeks.
Summary
The petitioners, Md. Sagir Ahmad and Md. Iliyas Mansuri, sought a writ directing the Sub‑Registrar of Jagdishpur to re‑open a lock placed on their land following a court‑ordered status‑quo. They contended that the Sub‑Registrar exceeded his jurisdiction by imposing a blanket lock affecting their property, and that their appeal before the Collector‑Cum‑Registrar remained unheard, causing hardship. The State argued that the writ was misconceived and non‑maintainable. The Court held that while the writ could be entertained, it was non‑maintainable and therefore dismissed. However, the Court directed the Collector‑Cum‑Registrar to dispose of the pending appeal within six weeks, allowing the petitioners to continue that remedy.
Issues considered
- Whether the writ petition seeking re‑opening of the lock on the petitioners' land is maintainable.
- Whether the Sub‑Registrar acted beyond his jurisdiction by imposing a blanket lock on the land.
- Whether the Collector‑Cum‑Registrar should be directed to dispose of the pending appeal within a specified time.
Subjects
- land lock
- sub‑registrar jurisdiction
- writ jurisdiction
- appeal disposal
- property sale
- procedural delay
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.9855 of 2026
======================================================
1. Md. Sagir Ahmad, son of Md. Mogal Rain, Resident of Village - Near Choti
Masjid, Kasab Mohallah, P.S.-Jagdishpur, Dist- Bhojpur.
2. Md. Iliyas Mansuri, son of Mohram Mansuri Resident of Village - Chik Toli,
Ward no-07, P.S.- Jagdishpur, Dist- Bhojpur.
... ... Petitioner/s
Versus
1. The State of Bihar through Principal secretary of Department of Revenue
and Land Reforms, Bihar Government, Old Secretaryate Patna.
2. The District Magistrate, Ara at Bhojpur.
3. The Registrar, Jagdishpur, Ara, Bhojpur.
4. The Sub-divisional officer, Jagdishpur, Ara, Bhojpur.
5. The Circle officer, Jagdishpur, Bhojpur
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pushp Raj Singh, Advocate
For the Respondent/s : Mr. Government Pleader (10)
======================================================
CORAM: HONOURABLE MR. JUSTICE RANA VIKRAM SINGH
ORAL JUDGMENT
Date : 07-07-2026
Heard learned counsel for the parties.
2. At the very outset, learned counsel appearing on
behalf of the petitioners seeks permission to make necessary
correction in the nomenclature of respondent No. 3 during the
course of the day.
3. Permission is accorded.
4. The petitioners have approached this Court for a
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direction to respondent No. 3 to re-open the lock, which has
been ordered by the Office of Sub-Registrar, Jagdishpur
(Bhojpur), on the land, bearing new Khata No. 115, Plot No.
2779, Mauza - Nagarpalika, Jagdishpur, Thana No. 241, old
Khata No. 1, old Khesra No. 2580, having an area of 03
Kathhas.
5. Learned counsel for the petitioners submits that
the learned Sub-Judge 1st, Jagdishpur (Bhojpur) has passed an
order dated 06.10.2023 in Title Suit No. 205 of 2021, directing
the plaintiff and defendant to maintain status quo over the
aforesaid piece of land till disposal of the Title Suit No. 205 of
2021. He further points out that the petitioners have not been
made party in the aforesaid Suit yet by the aforesaid order
passed by the learned Sub-Judge 1st, Jagdishpur (Bhojpur) they
have adversely been affected on account of the order passed by
the Sub-Registrar, Jagdishpur (Bhojpur), who purportedly
passed an order on the strength of the order of learned Sub-
Judge 1st, putting lock on the sale of the land, details of which
given hereinabove, which also include the land of the
petitioners and as such by a blanket order, the Sub-Registrar,
Jagdishpur (Bhojpur) has erroneously put lock on the sale of
the land of the petitioners, which is simply beyond his
Patna High Court CWJC No.9855 of 2026 dt.07-07-2026
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jurisdiction and that too against the order passed by the
competent Court of Civil Jurisdiction.
6. Being aggrieved by the aforesaid order of the
Sub-Registrar, Jagdishpur (Bhojpur), the petitioners have
already preferred an appeal before the Collector-Cum-
Registrar, Bhojpur at Ara by filing a miscellaneous case. The
main grievance centers around the fact that in spite of
preferring an appeal before the Collector-Cum-Registrar,
Bhojpur at Ara, their appeal is neither being heard nor any steps
are being taken by the Collector-Cum-Registrar, Bhojpur at Ara
to hear and dispose off their appeal.
7. Non-disposal of the appeal pending before the
Collector-cum-Registrar has adversely affected the right of the
petitioners, who, on account of unnecessary controversy
created by the order passed by the Sub-Registrar, Jagdishpur
(Bhojpur), are suffering and are simply unable to sale their land
to meet the marriage expenses of their daughter.
8. Learned counsel for the State, at this stage,
fairly submits that the writ application is wholly misconceived
and as such, is not maintainable for the relief(s) as prayed for in
the present writ application.
9. The entertainability of the writ application is
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totally and distinctly different from the maintainability of this
writ application. The writ application could be entertained, but
on account of it being non-maintainable, it could summarily be
dismissed.
10. At this stage, learned counsel for the
petitioners very candidly prays for withdrawal of the present
writ application to pursue their appeal, which is pending before
the Collector-Cum-Registrar, Bhojpur at Ara, but he highlights
his conduct, who is not taking up their appeal nor disposing off
the same, thus, on account of in-different and callous approach
of the Collector, they are made to suffer for none of their fault.
11. In this backdrop, the present writ application is
disposed off with a liberty to the petitioners to pursue their
appeal, which they have already filed before the Collector-
Cum-Registrar, Bhojpur at Ara. The Collector-Cum-Registrar,
Bhojpur at Ara is, hereby, directed to dispose off the appeal, so
preferred by the petitioners, within a period of six weeks
henceforth after having issued notice to all the concerned and
affording due opportunity to all, to present their case and
thereafter shall pass a final, positive and determinative order as
the matter could not be allowed to be lingered, at this stage,
before him.
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12. With the aforesaid observation/direction, the
writ application stands disposed off.
13. Interlocutory application(s), if any, also stands
disposed off accordingly.
(Rana Vikram Singh, J)
Saurabh.kr/
Praveen-
AFR/NAFR NAFR
CAV DATE N/A
Uploading Date 07.07.2026
Transmission Date N/A
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