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Patna High CourtCWJC/6479/2026withdrawn

Narendra Kumar Das, v. The State Of Bihar, Through The Principal Secretary,

2026-07-06Mr. Justice Rajiv Roy5 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6479 of 2026 ====================================================== 1.

Narendra Kumar Das, Son of Late Chandra Mohan Lal Das, Resident of Village, Post Office and Police Station - Bahadurpur, District - Darbhanga, Presently resided at House No. 2159/A2/B Jyoti Angan, Rani Bagan, Bariatu, P.O- Bariatu, District - Ranchi.

2.

Hitendra Kumar, Son of Late Chandra Mohan Lal Das, Resident of Village, Post Office and Police Station - Bahadurpur, District - Darbhanga, presently resided at Flat No. A 411, SG Impression 58, Raj Nagar Extension, P.O. - Raj Nagar Extension, District - Ghaziabad (Uttar Pradesh) 3.

Kumar Sanjay, Son of Late Shashi Mohan Das, Resident of Village, Post Office and Police Station - Bahadurpur, District - Darbhanga, presently resided at 102 Rajni Gandha Apartment, Near Crazy Castle 93 Ambazari Layout, University Campus, Nagpur, Maharastra. ... ... Petitioner/s

Versus

1.

The State of Bihar, through the Principal Secretary, Prohibition Excise and Registration Department (Registration), Govt. of Bihar, Patna. 2.

The Inspector General of Registration-cum-Excise Commissioner, Prohibition Excise and Registration Department (Registration), Govt. of Bihar, Patna.

3.

The District Collector, Darbhanga.

4.

The Sub-Registrar, Registration Office, Darbhanga. 5.

Additional Collector (Revenue), Darbhanga.

6.

The Deputy Collector Land reforms, Sadar Darbhanga, Darbhanga. 7.

The Circle Officer, Bahadurpur Block, Darbhanga. 8.

The Senior Superintendent of Police, Darbhanga. 9.

The S.H.O., Bahadurpur Police Station, Darbhanga. 10.

Sunita Vivek Saxena, Daughter of Ugra Mohan Das, wife of Vivek Ramakant Saxena, Row House No. 5. Ambika Park, Sector - 6, Khanda Colony, New Panvel (West), District Raigad, Maharastra. 11.

Ugra Mohan Das, Son of Late Jai Kishore Das, Resident of Village, Post and Police Station - Bahadurpur, District - Darbhanga. 12.

Lakshman Paswan, Son of Late Ram Dev Paswan, Resident of Village, Post and Police Station Bahadurpur, District Darbhanga. 13.

Astu Kumar, Son of Jangi Paswan, Resident of Village - Ughra, police Station - Pator, District - Darbhanga.

14.

Satish Kumar, Son of Nageshwar Mandal, Resident of Village-Pandasarai, Police Station - Laheriasarai, District - Darbhanga. 15.

Aman Raj, Son of Santosh Kumar, Resident of Village Pandasarai, Police Station - Laheriasarai, District - Darbhanga. ... ... Respondent/s

2/5 ====================================================== Appearance :

For the Petitioner/s :

Mr. Amarendra Narayan, Advocate Mr. Ravi Bhushan, Advocate For the Respondent/s :

Mr. Standing Counsel (6) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 06-07-2026 Heard the parties.

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

"i. Quash the Mutation Case No.

4094/2025-2026 pending before the Circle Officer, Bahadurpur (Respondent No. 7), initiated at the instance of Respondents No. 12 and 13 for mutation of khata no. 71, Plot No. 994 and Khata - 80, Plot No. 997 On the basis of Sale Deeds No. 16879 (dt. 17.10.2025), 20329 (dt. 18.12.2025) executed by Respondent no. 10 (who is daughter of RESPONDENT NO .11) which is void ab - initio for transferring joint family property without consent of other co-sharer and without getting any separation of the land. The Anchal Adhikari, Bahadurpur District Darbhanga is not considering objection filed by petitioners and without making any inquiry of the rights of the respondent no. 10 who does not have Jamabandi in her name and this

3/5 case taking mechanically which will prejudice in the interest of the petitioner who are settled outside of Bihar as Private Respondent trying to dispossess petitioner after procuring sham and fraudulent sale deed in their name.

ii. To direct Respondent No. 8 (Senior Superintendent of Police, Darbhanga) and the S.H.O., Bahadurpur to accept petition filed by the petitioners and make inquiry so that they are may not be issue of apprehension of breach of peace and the petitioners may not be dispossess in hands of private respondent who want to take law in garb of improperly obtained transferred deed which are void and illegal effectively perform their statutory duty by providing comprehensive protection to the life and property of the Petitioners who belong to the Scheduled Caste community and to conduct a "needful consideration" of the application dated 23.03.2026 as well as 09.04.2026 to safeguard them from the imminent threats, physical intimidation, and harassment being perpetrated by local "hitchmen" and anti-social elements acting at

4/5 the behest of the private respondents; further, to direct Respondent No. 8 and the local S.H.O. to ensure that the Petitioners are not forcibly dispossessed from their ancestral land in Village Bahadurpur.

iii. To direct Respondent No. 4 (District Sub-Registrar, Darbhanga) to not to accept sale deed executed by respondent no. 10 without showing a valid partition /deed/ Jamabandi in her name and the petitioners also prays for an inquiry as to under which, under circumstances the respondent no. 4 registered sale deed Nos 16879 (dt. 17.10.2025), 20329 (dt. 18.12.2025), 3413 (dt. 26.02.2026), and 3414 (dt. 26.02.2026) were registered without conducting the mandatory verification of the vendor's title against the existing land records and the Registered Partition Deed of 1975; furthermore, to issue a permanent injunction restraining the Respondent Authorities from executing or registering any further sale deeds concerning the subject ancestral property in Village Bahadurpur without a strict, prior

5/5 verification of the Genealogical Tree (Vanshavali) and the registered partition status, thereby ensuring that the shares of the Petitioners who reside in other cities for employment -are not illegally alienated by a distant relative who possesses no legal authority or interest in the specific plots.

iv. Pass any other appropriate writ, order or direction as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case."

3. After some argument, learned counsel for the petitioner submits that he would like to withdraw the petition with liberty to agitate the matter in future, if situation so arise.

4. Granting said liberty, the writ petition stands disposed of.

(Rajiv Roy, J) Adnan/- U