Surendra Prasad Rai @ Surendra Rai v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17818 of 2018 ====================================================== Surendra Prasad Rai @ Surendra Rai Son of Late Rameshwar Rai Resident of Village - Sheetalpur Siwana, Police Station - Dighwara, District - Saran at Chapra.

... ... Petitioner/s

Versus

1.

The State Of Bihar and Ors 2.

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

3.

The District Magistrate, Saran at Chapra.

4.

The Deputy Collector Land Reform, Sonepur, Saran. 5.

The Circle Offier, Dariyapur, Saran.

6.

Shiv Kumar Rai Son of Ram Balak Rai Resident of Village - Akbarpur, Police Station Dariyapur, District Saran at Chapra. 7.

Virendra Rai 8.

Satendra Rai Both respondent no. 7 & 8 Sons of Late Rameshwar Rai Resident of Village - Sheetalpur Siwana, Police Station - Dighwara, District - Saran at Chapra.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Satya Prakash, Adv, For the Respondent/s :

Mr. Rishi Raj Sinha -Sc19 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 17-11-2025 Heard the parties.

2. The present application has been preferred for the following relief(s):

(i) For issuance of writ in the nature of certiorari or any other appropriate writ for quashing of the order dated 25.04.2018, Passed in Miscellaneous Case No. 01 of 2017-18 by the Court of Deputy Collector Land Reform, Sonepur, Saran whereby the appeal filed by the private respondent no.6 has been allowed and

Patna High Court CWJC No.17818 of 2018(4) dt.17-11-2025 2/2 consequently the order dated 03.02.2017, passed by the Circle Officer, Dariyapur in Miscellaneous Case no. 13/2015-16 had been set aside.

(ii) For holding that the order dated 03.02.2017, passed by the Circle Officer, Dariyapur in Miscellaneous Case no.13/201516 whereby the petitioner and private respondent no. 7 & 8 have been declared Raiyat to the land in question under the provision of section 48 D of the Bihar Tenancy Act is legal, valid and proper in the eye of law.

(iii) For issuance of any other appropriate writ, order or direction which your Lordships may deem fit and proper in the facts and circumstances of the case

3. At the outset, learned State Counsel submits that the petitioner has challenged the order of the learned DCLR instead of approaching the appropriate authority available under the law of the land.

4. The Court finds force in the submission.

5. Granting liberty to approach the appropriate authority for the redressal of the grievance, the writ petition is disposed of. (Rajiv Roy, J) Vijay Singh/- U