Patna High Court
Gopal Ji MishraversusBijendra Prasad
- Decided
- Disposal
- DISPOSED
Holding
The Letters Patent Appeal is dismissed as being devoid of merit.
Summary
The appellants, a group of individuals from Sonbarsa, filed a Letters Patent Appeal against a July 14, 2025 order of a Single Judge in Civil Writ Jurisdiction Case No. 10814 of 2025. The Single Judge had directed the Circle Officer, Buxar to act on a notice (Annexure‑P5) within six weeks without hearing the appellants, who contended that a similar notice was the subject of a writ petition they had filed and that they should have been given a hearing. The High Court examined whether the Single Judge’s order was perverse or violated the principles of natural justice. It found no averments in the appeal that the appellants had filed a writ petition against the notice, nor any indication of perversity in the direction. Accordingly, the Court held the Letters Patent Appeal to be devoid of merit and dismissed it, also disposing of any interlocutory applications and directing the appellants to approach the Circle Officer for a final order after hearing all aggrieved parties.
Issues considered
- Whether the Single Judge erred by issuing a direction to the Circle Officer without affording the appellants a hearing.
- Whether the Letters Patent Appeal is maintainable in the absence of specific averments of a prior writ petition by the appellants.
- Whether the order of the Single Judge is perverse or violative of natural justice.
Subjects
- Letters Patent Appeal
- Civil Writ Jurisdiction
- Procedural Fairness
- Hearing
- Administrative Direction
- Bihar Revenue Law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.123 of 2026
In
Civil Writ Jurisdiction Case No.10814 of 2025
======================================================
1. Gopal Ji Mishra, Son of Late Vasudev Mishra, resident of Village-Sonbarsa,
P.O.-Sonbarsa, P.S.-Buxar (Industrial), District-Buxar.
2. Suryabansh Mishra, Son of Late Nanaku Mishra, resident of Village-
Sonbarsa, P.O.-Sonbarsa, P.S.-Buxar (Industrial), District-Buxar.
3. Chhakan Ji Mishra, Son of Late Nitya Nand Mishra, resident of Village-
Sonbarsa, P.O.-Sonbarsa, P.S.-Buxar (Industrial), District-Buxar.
4. Ganesh Ji Pandey, Son of Late Gori Shankar Pandey, resident of Village-
Sonbarsa, P.O.-Sonbarsa, P.S.-Buxar (Industrial), District-Buxar.
5. Niraj Kumar Mishra, Son of Janardan Mishra, resident of Village-Sonbarsa,
P.O.-Sonbarsa, P.S.-Buxar (Industrial), District-Buxar.
6. Laxman Mishra, Son of Vindhyachal Mishra, resident of Village-Sonbarsa,
P.O.-Sonbarsa, P.S.-Buxar (Industrial), District-Buxar.
7. Kamlesh Kumar Rai, Son of Late Bharat Rai, resident of Village-Sonbarsa,
P.O.-Sonbarsa, P.S.-Buxar (Industrial), District-Buxar.
... ... Appellants
Versus
1. Bijendra Prasad Son of Late Khublal Ram, resident of Village-Sonbarsa,
P.O.-Sonbarsa, P.S.-Buxar (Industrial), District-Buxar.
2. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
3. The Principal Secretary, Department of Revenue and Land Reforms,
Government of Bihar, Patna.
4. The District Collector cum Magistrate, Buxar, Bihar.
5. The Sub Divisional Officer, Buxar, Bihar.
6. The Circle Officer, Buxar, Bihar.
... ... Respondents
======================================================
Appearance :
For the Appellants : Mr. Rajiv Ranjan Kumar Pandey, Advocate
Mr. Shivam Narayan Pandey, Advocate
For the State : Ms. Surekha Kumari, A.C. to G.P. 18
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE)
Date : 06-04-2026
Patna High Court L.P.A No.123 of 2026 dt.06-04-2026
2/3
This Letters Patent Appeal has been filed by the
appellants against the order dated 14.07.2025 passed by a
learned Single Judge of this Court in C.W.J.C. No. 10814 of
2025.
2. The appellants were not the party in the writ
petition which was filed by one Bijendra Prasad @ Vijendra
Prasad, Respondent No. 1 herein. While disposing of the writ
petition, a simple direction was issued to the Circle Officer,
Buxar to act upon Annexure-P5 to the writ petition in
accordance with law within a period of six weeks from the date
of receipt of the order without being prejudiced by the order of
this Court; and Annexure-P5 is nothing but a notice issued by
the Circle Officer, Buxar dated 08.07.2023.
3. Learned counsel for the appellants submits that
since similar notice is also the subject matter of a writ petition
which has been filed by the appellants before this Court, the
petitioner in C.W.J.C. No. 10814 of 2025 should have brought
this matter to the notice of the learned Single Judge and the
appellants should have been offered opportunity of hearing.
4. We do not find any substance in the submission of
the learned counsel for the appellants, inasmuch as, there is
neither any averments pertaining to filing of any writ petition
Patna High Court L.P.A No.123 of 2026 dt.06-04-2026
3/3
against the notice dated 08.07.2023 by the appellants nor such
ground has been taken in the Letters Patent Appeal in that
respect. Moreover, we do not find any perversity in the order of
the learned Single Judge by issuing a direction to the Circle
Officer, Buxar to act upon Annexure-P5.
5. Accordingly, this Letters Patent Appeal, being
devoid of merit, is dismissed.
6. Interlocutory Application(s), if any, shall also stand
disposed of.
7. It is open to the appellants to appear before the
Circle Officer, Buxar and it is expected that the Circle Officer,
Buxar shall pass the final order after hearing all the aggrieved
parties.
(Sangam Kumar Sahoo, CJ)
(Harish Kumar, J)
P.K.P./-
AFR/NAFR
CAV DATE
Uploading Date 07.04.2026
Transmission Date
Checking your session…