Rakesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5819 of 2026 ====================================================== Rakesh Kumar Son of-Bhutan Chaudhary @ Bhutan Mahto, Resident of village- Belwa, Post- Bargawn, Anchal- Bagaha, Sub-Division- Bagaha, P.S.- Bagaha, District - West Champaran, Bihar.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2.

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

3.

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

4.

The Director, Land Records and Survey, Revenue and Land Reforms Department, Government of Bihar, Patna.

5.

The Divisional Commissioner, Trihut at Muzaffarpur, Bihar 6.

The Collector-cum-District Magistrate, West Champaran at Bettiah, Bihar. 7.

The Superintendent of Police, West Champaran at Bagaha, Bihar. 8.

The Additional Collector (Revenue), West Champaran at Bettiah, Bihar. 9.

The Sub-Divisional Officer, Bagaha, District- West Champaran, Bihar. 10.

Mr. Maksudan Ram Son of Late Somari Ram, Resident of village- Belwa, Post-Bargawn, Anchal- Bagaha, Sub-Division- Bagaha, P.S.-Bagaha, District - West Champaran, Bihar.

11.

Mr. Anirudh Ram Son of Late Somari Ram, Resident of village Belwa, PostBargawn, Anchal- Bagaha, Sub-Division- Bagaha, P.S.-Bagaha, District - West Champaran, Bihar.

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

For the Petitioner/s :

Mr. Umesh Kumar Gupta, Adv.

For the Respondent/s :

Mr. Government Pleader (20) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 13-07-2026 Heard the parties.

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

"For issuance of an appropriate writ, order or nature of Mandamus, commanding the

Patna High Court CWJC No.5819 of 2026(3) dt.13-07-2026 2/3 respondent to take immediate and appropriate steps for initiation of departmental proceedings as well as criminal prosecution against the concerned revenue staff including the Anchal Amin, The Circle Officer and The Deputy Collector Land Reforms (DCLR), Bagaha for fraud, forgery, falsification of records and abuse of official position, inasmuch as the DCLR, Bagaha, despite having full knowledge that the land in question situated at District West Champaran, SubDivision Bagaha-1, Anchal Bagaha-1, Mauja Belwa, Thana No. 237, Khata No. 39, Khesra No. 126 (Area 1 Decimal) and Khesra No. 127 (Area 0.4 Decimal) is already under title dispute in Title Suit No. 52/2024-25 (Janak Mahto & Others vs. Maksudan Ram & Others) pending before the Civil Court at Bagaha, has deliberately and knowingly passed orders of execution under section 15 of the BLDR Act in compliance of order passed in Land Dispute Case No. 41/2024-25 and the Circle Officer, Bagaha has further proceeded to implement such illegal orders, thereby dispossess

Patna High Court CWJC No.5819 of 2026(3) dt.13-07-2026 3/3 the petitioner during the pendency of civil litigation, and to pass such further orders or directions as may be deemed fit and proper in the interest of justice, equity and fair administration of law".

3. After some argument, learned counsel for the petitioner submits that the Title Suit No. 52 of 2024-25 is already pending before the competent Civil Court, Bagaha, West Champaran and in that background, he may be permitted to withdraw the petition to agitate the matter before an appropriate authority/Court.

2. Learned State counsel has no objection.

3. Granting said liberty, the writ petition is disposed of.

(Rajiv Roy, J) munindra/- U