Gopal Ji Mishra v. Bijendra Prasad

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.123 of 2026 In Civil Writ Jurisdiction Case No.10814 of 2025 ====================================================== 1.

Gopal Ji Mishra, Son of Late Vasudev Mishra, resident of Village-Sonbarsa, P.O.-Sonbarsa, P.S.-Buxar (Industrial), District-Buxar. 2.

Suryabansh Mishra, Son of Late Nanaku Mishra, resident of VillageSonbarsa, P.O.-Sonbarsa, P.S.-Buxar (Industrial), District-Buxar. 3.

Chhakan Ji Mishra, Son of Late Nitya Nand Mishra, resident of VillageSonbarsa, P.O.-Sonbarsa, P.S.-Buxar (Industrial), District-Buxar. 4.

Ganesh Ji Pandey, Son of Late Gori Shankar Pandey, resident of VillageSonbarsa, P.O.-Sonbarsa, P.S.-Buxar (Industrial), District-Buxar. 5.

Niraj Kumar Mishra, Son of Janardan Mishra, resident of Village-Sonbarsa, P.O.-Sonbarsa, P.S.-Buxar (Industrial), District-Buxar. 6.

Laxman Mishra, Son of Vindhyachal Mishra, resident of Village-Sonbarsa, P.O.-Sonbarsa, P.S.-Buxar (Industrial), District-Buxar. 7.

Kamlesh Kumar Rai, Son of Late Bharat Rai, resident of Village-Sonbarsa, P.O.-Sonbarsa, P.S.-Buxar (Industrial), District-Buxar. ... ... Appellants

Versus

1.

Bijendra Prasad Son of Late Khublal Ram, resident of Village-Sonbarsa, P.O.-Sonbarsa, P.S.-Buxar (Industrial), District-Buxar. 2.

The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 3.

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

4.

The District Collector cum Magistrate, Buxar, Bihar. 5.

The Sub Divisional Officer, Buxar, Bihar.

6.

The Circle Officer, Buxar, Bihar.

... ... Respondents ====================================================== Appearance :

For the Appellants :

Mr. Rajiv Ranjan Kumar Pandey, Advocate Mr. Shivam Narayan Pandey, Advocate For the State :

Ms. Surekha Kumari, A.C. to G.P. 18 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE HARISH KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 06-04-2026

Patna High Court L.P.A No.123 of 2026 dt.06-04-2026 2/3 This Letters Patent Appeal has been filed by the appellants against the order dated 14.07.2025 passed by a learned Single Judge of this Court in C.W.J.C. No. 10814 of 2025.

2. The appellants were not the party in the writ petition which was filed by one Bijendra Prasad @ Vijendra Prasad, Respondent No. 1 herein. While disposing of the writ petition, a simple direction was issued to the Circle Officer, Buxar to act upon Annexure-P5 to the writ petition in accordance with law within a period of six weeks from the date of receipt of the order without being prejudiced by the order of this Court; and Annexure-P5 is nothing but a notice issued by the Circle Officer, Buxar dated 08.07.2023.

3. Learned counsel for the appellants submits that since similar notice is also the subject matter of a writ petition which has been filed by the appellants before this Court, the petitioner in C.W.J.C. No. 10814 of 2025 should have brought this matter to the notice of the learned Single Judge and the appellants should have been offered opportunity of hearing.

4. We do not find any substance in the submission of the learned counsel for the appellants, inasmuch as, there is neither any averments pertaining to filing of any writ petition

Patna High Court L.P.A No.123 of 2026 dt.06-04-2026 3/3 against the notice dated 08.07.2023 by the appellants nor such ground has been taken in the Letters Patent Appeal in that respect. Moreover, we do not find any perversity in the order of the learned Single Judge by issuing a direction to the Circle Officer, Buxar to act upon Annexure-P5.

5. Accordingly, this Letters Patent Appeal, being devoid of merit, is dismissed.

6. Interlocutory Application(s), if any, shall also stand disposed of.

7. It is open to the appellants to appear before the Circle Officer, Buxar and it is expected that the Circle Officer, Buxar shall pass the final order after hearing all the aggrieved parties.

(Sangam Kumar Sahoo, CJ) (Harish Kumar, J) P.K.P./- AFR/NAFR CAV DATE Uploading Date 07.04.2026 Transmission Date