Umesh Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5851 of 2025 ====================================================== Umesh Rai Son of Late Jainath Rai Resident of Village- Pipra (Mardan Rai), P.S.- Karagahar, District- Rohtas at Sasaram. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Revenue and Land Reforms Department, Government of Bihar, Patna. 2.

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

3.

The District Magistrate-cum-Collector, Rohtas at Sasaram. 4.

The Director Consolidation, Bihar at Patna.

5.

The Deputy Director Consolidation, Rohtas at Sasaram. 6.

The Consolidation Officer, Karagahar (Rohtas). 7.

The Circle Officer, Karagahar (Rohtas).

8.

Sri Lalan Rai, Son of Jaygovind Rai, Resident of Village- Pipra (Mardan Rai), P.S.- Karagahar, District- Rohtas at Sasaram. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Kamala Kant Tiwary, Advocate For the Respondent/s :

Mr. Government Pleader (12) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 22-04-2025 Learned counsel for the petitioner undertakes to remove the defect(s) as pointed out by the Office.

2. Heard the parties.

3. The present writ petition has been preferred for the following relief(s):

"for issuance of appropriate writs, orders and directions against the respondents for commanding the respondents to quash ex-parte order dated 29.11.1976 (Annexure- P/3) passed by

Patna High Court CWJC No.5851 of 2025(2) dt.22-04-2025 2/3 Consolidation Officer Karagahar (Rohtas) in Case No. 213 of 1976-77 under section 12 A(1) of Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956, on petition field by one Lalan Rai, whereby and where under Consolidation Officer, Karagahar (Rohtas) has open Consolidation records of Khata No. 15, Plot No. 9, Area 062 decimals Land in the name of applicant/respondent No. 8 without issuing notice & hearing to the Khatiani raiyats or the petitioner and behind their back passed ex-parte illegal order dated 29.11.1976 (Annexure- P/3) and thereby reduced/deducted Khatiani Land of the petitioner without having any right, title, ownership Consolidation Khatian (Annexure- P/4) only with respect to taken by Respondent Authorities in favour of Lalan Rai (Respondent No. 8) in pursuant to the impugned order as contained in Annexure- P/3 and be pleased to open fresh Consolidation Khatian of entire land in the name of petitioner and be further pleased to stay the operation of impugned order (Annexure- P/3) and

Patna High Court CWJC No.5851 of 2025(2) dt.22-04-2025 3/3 Consolidation Khatian (Annexure- P/4) during pendency of the writ application and be pleased to grant any other relief or reliefs for which petitioner is legally entitled to, in the facts and circumstances of the case."

4. Learned counsel for the petitioner after some arguments submits that he may be allowed to approach the appropriate forum.

5. Without commenting on the merit of the case, granting liberty, the writ petition stands disposed of. (Rajiv Roy, J) Adnan/- U