Baban Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1941 of 2026 ====================================================== 1.

Baban Prasad Son of Late Bankeylal Resident of Village- Basantpur, P.S.- Basantpur, District- Siwan.

2.

Ajay Prasad, Son of Late Bihari Lal Prasad Resident of Village- Basantpur, P.S.- Basantpur, District- Siwan.

3.

Shashi Kumar, Son of Late Lallan Prasad Resident of Village- Basantpur, P.S.- Basantpur, District- Siwan.

... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Revenue and Land Reforms Department, Government of Bihar, Patna.

2.

The Collector, Siwan, District- Siwan.

3.

The Additional Collector, Siwan.

4.

The Circle Officer, Basantpur Circle, District- Siwan. 5.

Satyanarayan Singh, Son of Late Lal Bahadur Rai Resident of VillageSipah, P.S.- Basantpur, District- Siwan. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. B.K. Singh Chouhan, Advocate :

Mr. Kumar Harsh, Advocate For the State :

Mr. Standing Counsel (18) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 05-02-2026 Heard Mr. B.K. Singh Chouhan, learned counsel for the petitioner and learned counsel representing the State.

2. The present petition has been preferred for the grant of following relief(s):

"for quashing the notice dated 31.07.2025 signed and issued by the Circle Officer by issuance of writ of Certiorari or any other Writ/Writs Order/Orders to the Respondents as

Patna High Court CWJC No.1941 of 2026(2) dt.05-02-2026 2/3 notice to the Petitioner no.1 is without jurisdiction and unwarranted because the land mentioned in the notice exclusively belongs to the Petitioners as settled by Ex-Landlord and any claim over it made by the Respondent no.5 is false and fictitious."

3. At the outset, learned State counsel points out that a notice has simply been issued asking the petitioner to appear alongwith the document on 05.08.2025 to satisfy the said office. Instead of submitting the documents/satisfying the Circle Office, Basantpur, Siwan, six months later, the writ petition.

4. Learned counsel for the petitioner submits that on the basis of a frivolous petition, notice has been issued.

5. This Court is of the view that a notice has been issued to the petitioner, he claims himself to the owner of the land in question, has all the power in the world to submit the document in support of his case, rushing to the Court at the drop of the hat is unacceptable.

6. Learned counsel for the petitioner submits that within a period of two weeks, the petitioner shall be appearing before the Circle Officer, Basantpur alongwith all the supporting documents.

Patna High Court CWJC No.1941 of 2026(2) dt.05-02-2026 3/3

7. Learned State counsel submits that if such papers are filed, after hearing the parties, a reasoned order shall be passed.

8. Accepting the words of both the parties and expecting the Circle Officer, Basantpur who take the matter to its logical in accordance with law at an earliest.

9. The writ petition is disposed of with the aforesaid observation.

(Rajiv Roy, J) vinayak/- U