Rajeev Nayak v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2724 of 2026 ====================================================== Rajeev Nayak Son of Late Dhruva Prasad Nayak, Resident of VillageBhagwatipur, P.S.- Pandaul, District- Madhubani, at present residing at 2nd floor, east of Kailash, Sriniwaspuri, East of Kailash, Phase- 1, P.S.- Amar Colony, South Delhi, 110065.
... ... Petitioner/s
Versus
1.
The State of Bihar represented through Principal Secretary, Revenue and Land Reforms Department, Government of Bihar, Patna. 2.
The District Magistrate, Madhubani.
3.
Deputy Collector, Land Reforms, Madhubani.
4.
District Sub Registrar, Madhubani.
5.
Circle Officer, Pandaul Madhubani.
6.
Revenue Officer, Bhagwatipur, Pandaul Madhubani. 7.
Sanjay Kumar Nayak, Son of Late Dhurv Prasad Nayak, Resident of Village- Bhagwatipur, P.S.- Pandaul, District- Madhubani. 8.
Ravindra Nayak, Son of Lajte Dhurv Prasad Nayak, Resident of VillageBhagwatipur, P.S.- Pandaul, District- Madhubani. 9.
Indu Nayakain, Wife of Late Dhrav Prasad Nayak, Resident of VillageBhagwatipur, P.S.- Pandaul, District- Madhubani. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Gopal Jha, Advocate For the Respondent/s :
Mr.Pankaj Kumar, SC 12 Mr.Anuj Kumar, AC to SC 12 ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 19-02-2026 Heard learned counsel appearing on behalf of the petitioner and the learned counsel for the State.
2. The petitioner in paragraph no. 1 of the present writ petition has sought inter alia following relief(s), which is reproduced hereinafter:- "To hold and declare the order impugned contained in Annexure-P-4, as malafide, illegal, capricious and colourable exercise of power, as well as bad in the eye of law because the same has been passed without
Patna High Court CWJC No.2724 of 2026(2) dt.19-02-2026 2/3 applying the judicial mind and without considering the materials available on records.
ii. To issue a writ in the nature of certiorari for the quashing of letter no.1784, dated 17.10.2023 (annexure -P-4), by which Circle Officer. Pandaul (Respondent No. -5) has arrived at conclusion that the land situated in Mauza Bhagwatipur. P. S. Pandaul, District - Madhubani bearing Thana no.176, Khata no.-337-old (new-430) Khesra No.-968 old (new-1237), measuring an area of 1 Katha, 4 Dhur. 7 Dhurki of land which is in the name of petitioner and land measuring 1 katha 15 Dhur, 1 katha 4 Dhur and 1 Katha 7 Dhur in the name of Performa Respondent Nos. 7. 8 and 9 respectively, seems to be the land of MATH, even though in the Revisional Survey land in question was in the name of fore fathers of the petitioner and Performa Respondent No. 7. 8. & 9. iii. To issue a writ in the nature of Certiorari for the quashing of order by which the land of the petitioner and Performa Respondents has been declared as land of MATH, and also for a direction to the respondent authorities to produce the paper on which basis they have come to this conclusion.
iv. To issue a writ in the nature of Mandamus for a direction to the respondent authorities to protect the nature of the land of the petitioner and Performa Respondents, situated in Mauza-Bhagwtipur, bearing Thana no.176, Khata no.-337-old (new -430) Khesra No.-968 old (new-1237).
v. To restrain the respondent authorities to act upon, on letter no. 1784, dated 17.10.2023. till the pendency of the present writ application.
vi Any other relief or reliefs for which the petitioner and Performa Respondents are legally and validly entitled in the facts and circumstances of the case."
3. Learned counsel appearing on behalf of the petitioner informs this Court that for the relief(s) as prayed for
Patna High Court CWJC No.2724 of 2026(2) dt.19-02-2026 3/3 in the present writ petition, the petitioner has already filed an application before the D.C.L.R., Madhubani, who since the date of filing of the application has not taken any action over the said application of the petitioner.
4. The D.C.L.R., Madhubani is directed to call for the records relating to the land, in question, from the concerned Circle Office and verify whether the 'Math' has its title over the disputed land as mentioned in paragraph no.1 (ii) of the writ petition and if the D.C.L.R. finds that the revenue records gives different person's name then he shall proceed to pass a reasoned order on the basis of the information given in the application filed by the petitioner in accordance with law within a period of six weeks from the date of communication of this order.
5. It is made clear that due opportunity of hearing must be afforded to all concerned and interested parties before passing any order.
6. With the above observation/direction, the present writ petition stands disposed of.
(Purnendu Singh, J) chn/- U