Kailash Nath Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7561 of 2026 ====================================================== Kailash Nath Jha Son of Late- Shatrughan Jha, resident of village- Ujan (Kanakpur), P.O.- Lohna Road, P.S. - Sakatpur, District- Darbhanga presently residing at Mohalla and P.O.- Subhankarpur, Ward No. - 8, P.S.- Town, Town and District- Darbhanga.

... ... Petitioner/s

Versus

1.

The State of Bihar through Secretary, Panchayati Raj, Govt. of Bihar, Patna. 2.

The District Magistrate-cum-Collector, Darbhanga. 3.

The Circle Officer, Block- Manigachi, District- Darbhanga. 4.

The Gram Panchayat, Gram Raj- Ujan, Block- Manigachi, DistrictDarbhanga through its Mukhiya. 5.

Sri Chandranath Upadhayay, resident of village- Ujaan, Ward No. 10, P.S. - Sakatpur, District- Darbhanga.

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

For the Petitioner/s :

Mr. Chandan Jha, Advocate Mrs. Sweta Kumari, Advocate Mrs. Archana Jha, Advocate For the Respondent/s :

Mr. Government Pleader (27) ====================================================== CORAM: HONOURABLE MR. JUSTICE GIRIJISH KUMAR ORAL ORDER 25-06-2026 Heard learned counsel for the petitioner and learned counsel for the respondent.

2. With the consent of both the parties, this writ application is being disposed of at admission stage itself.

3. In the present writ application the petitioner has prayed for the grant of following relief:- "That this is an application praying to this Hon'ble Court that it may kindly be pleased to issue writ in the nature of writ of certiorari quashing the Order passed under the signature of Gram Sarpanch, Ujan (Manigachi, Darbhanga), received dated 19/05/23 (Anne-P/6) from doing any activity on the land bearing khata no. 219 khesra no. 2282.

Patna High Court CWJC No.7561 of 2026(2) dt.25-06-2026 2/3 This is further to direct the District Magistratecum-Collector Darbhanga to inquire into genuineness of settlement purcha presented by both the parties claiming title of the land and after due verification criminal case should be ordered to be initiated against the holder of the forged settlement document.

Any other/further consequential relief, which this Hon'ble Court may deem fit in the facts and circumstances of the case can also be granted."

4. During the course of argument, learned counsel for the petitioner submits that the petitioner may be permitted to file a representation before the respondent no. 2, i.e., The District Magistrate-cum-Collector, Darbhanga and appropriate direction may be issued to dispose of the same within a fixed time frame, after giving an opportunity of hearing to the petitioner.

5. To the aforesaid prayer being made by learned counsel for the petitioner, learned counsel appearing for respondent does not have any objection.

6. Considering the limited nature of prayer being made by learned counsel for the petitioner, this writ application is disposed of granting liberty to the petitioner to file a representation/application before the respondent no. 2 ,i.e., The District Magistrate-cumCollector, Darbhanga within 15 days from today and if such a representation/application is filed within the stipulated time then the respondent no. 2, i.e., The District Magistrate-cum-Collector, Darbhanga is directed to dispose of the same within a period of three

Patna High Court CWJC No.7561 of 2026(2) dt.25-06-2026 3/3 months from the date of receipt of such representation/application, after giving an opportunity of hearing to the petitioner.

7. Needless to emphasize that the final order which shall be passed by the respondent no. 2, i.e., The District Magistrate-cumCollector, Darbhanga should be a reasoned and speaking order.

8. This Court has not expressed any opinion on the merit of the case including maintainability of the writ application.

9. With the aforesaid observation/direction and liberty granted, this writ application is disposed of.

10. All pending interlocutory application(s), if any, shall also be deemed to have been disposed of.

amit/- (Girijish Kumar, J) U