Sunil Kewat v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19619 of 2016 ====================================================== Sunil Kewat S/o Late Karoo Kewat, resident of village P.O. Bairiya, P.S. Gopalpur, District - Patna ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The Collector, Patna at Patna 3.

The Additional Collector, Patna at Patna 4.

The L.R.D.C., Patna at Patna 5.

The Circle Officer, Sampatchak, Patna 6.

Surendra Rai, S/o Late Devi Lal Rai, resident of village Post - Bairiya, Circle office Sampatchak, P.S. Gopalpur, Distt. - Patna ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjeev Kumar Mishra, Advocate For the Respondent/s :

Mr. Dhurjati Kumar Prasad, GP-14 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 12-01-2026 Heard Mr. Sanjeev Kumar Mishra, learned counsel for the petitioner and the State.

2. The present petition has been preferred for the following relief/s:

(i) for directing the respondents particularly respondent Circle Officer to direct for passing order for resumption of agricultural land of the petitioner by the mortgager (Private Respondent) against the loan taken by petitioner from private respondent and his father in which no action was taken by the

Patna High Court CWJC No.19619 of 2016(3) dt.12-01-2026 2/2 official respondent even after sending notice u/s 12 of the Bihar Money Lenders Act, 1974 under form ML.-4 by registered post.

3. A counter affidavit has come on behalf of the respondent nos. 02 to 05 duly signed by the Circle Officer, Sampatchak, Patna and the learned State counsel has taken this Court to Annexure-A, the order dated 26.08.2021 passed by the Additional Collector, Patna in Jamabandi Cancellation Case No.34 of 2017-18 (Surendra Rai vs. the State of Bihar & Ors.) in which the concerned authority was pleased to cancel the Jamabandi of the opposite party (petitioner herein).

4. An order has been passed by the Additional Collector, Patna, the petitioner, if so want, can agitate the matter /take the same before an appropriate superior authority.

5. So far as the prayer is concerned, in view of the aforesaid order that has come, no relief can be extended to him.

6. With the aforesaid observation, the writ petition is disposed of.

(Rajiv Roy, J) Ravi/- U