Ramsen Devi, v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8595 of 2025 ====================================================== Ramsen Devi, Wife of Late Mahendra Mishra, Resident of Village - Manserpur, P.S- Balia, District - Begusarai, Bihar ... ... Petitioner/s

Versus

1.

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

2.

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

3.

Commissioner, Munger Division, Munger.

4.

District Magistrate cum Collector, Begusarai. 5.

District Land Reforms Deputy Collector, Balia, Begusarai, District -Begusarai.

6.

Sub Divisional Officer, Balia, P.S- Balia, District - Begusarai. 7.

Circle Officer, Balia, P.S- Balia, District - Begusarai. 8.

Officer-in-charge, Balia, P.S- Balia, District - Begusarai. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Ms. Alka Singh, Advocate Mr. Sumeet Kumar Singh, Advocate Mr. Kumar Vikram, Advocate Ms. Abhilasha Kumari, Advocate For the State :

Mr. Government Pleader 02 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 21-07-2026 Heard Mr. Sumeet Kumar Singh, learned counsel for the petitioner duly assisted by Ms. Abhilasha Kumari and Mr. Prashant Pratap, learned GP-2 representing the State.

2. The present writ petition has been preferred for the grant of the following relief/s:

"for quashing the Memo No. 95 dated

2/6 20.02.2020 issued under the signature of Sub Divisional Officer, Ballia with relation to the property situated in Mauza Manserpur, Thana no 618, Tauzi No.5253, Khata No.- 140, Plot No. -93, Area 18 decimal, North - Raghunandan Paswan, South Itwari Rajak, East Road, West Self Land. on the ground that the order passed by the Sub Divisional Officer, observing that the jamabandi parcha of the petitioner is doubtful and the matter is pending before the Additional Collector, Begusarai is wholly without jurisdiction and not in accordance with the law."

3. Pursuant to the last order, the Circle Officer, Balia, Begusarai, Mr. Akash Kumar is present and according to him, he has joined the post only on 09.07.2026. Further, he has taken charge from the earlier Circle Officer, Mr. Ravi Kumar.

4. The reasons for asking the Circle Officer, Balia to be present in the Court and assist have already been

3/6 incorporated in the order dated 23.06.2026 and this order be read along with the aforesaid order.

5. The contention of the respondents which was duly put on affidavit by Mr. Ravi Kumar, the earlier Circle Officer, Balia, stand incorporated paragraph in no.18 which read as under:

"18. That the fact & circumstances set forth above since the Parcha appears to be suspicious and proposal for cancellation of Jamabandi in question has already been sent before the Additional Collector and same is Sub-Judice. Hence in such circumstances till the Additional Collector did not pass any adverse order, hence there is no question to depute Magistrate and Police Force for fencing the land. Hence considering the above-mentioned fact the then S.D.O., Ballia disallowed the representation of the petitioner vide order dated 20.02.2025. Copy of this order was also sent to the petitioner."

6. As there was no case no./year to show whether the

4/6 case is still pending or not, the presence of the Circle Officer, Balia was sought for and he has come armed with a supplementary counter affidavit. Paragraph no. 5 and 6 of the supplementary counter affidavit filed by Mr. Akash Kumar, Circle Officer, Balia, Begusarai again need to be incorporated and read as under:

5. That the Circle Officer Balia vide Letter No. 1275 dated 14-07-2026 sent the Case Record of Jamabandi Cancellation Case No. 1/2026-27 to the DCLR Balia for cancellation of Jamabandi No.-345, Bhag Vartman-4, Page No.-579, of Mauza-Manserpur Jamabandi Raiyat Ramsen Devi wife of Mahendra Mishra.

6. that the Jamabandi Cancellation Case No.157/2026-27 was initiated Additional by the Collector Begusarai for cancellation of Jamabandi No.-345, Bhag Vartman-4, Page No.- 579, of Mauza-Manserpur Jamabandi Raiyat Ramsen Devi wife of Mahendra Mishra in view of the proposal received from the Circle Officer Balia through the DCLR Balia and notice has been issued to the petitioner the Jamabandi

5/6 Raiyat vide DB No. 589 dated 15-07-2026.

7. The aforesaid fact clearly show that the earlier Circle Officer, Balia, Mr. Ravi Kumar made a false affidavit before this Court about the pendency of the case before the Additional Collector when according to the new incumbent, it has been sent vide letter no. 1275 dated 14.07.2026 after the last order passed by this Court on 23.06.2026.

8. In that background, the Court directs the Collector, Begusarai (respondent no.4) to look into the matter, hold enquiry and fix responsibility and the concerned Officer must be held accountable for putting forward the false affidavit before the Court. The entire process is to be completed in three months after following the principle of natural justice and in accordance with the law.

9. So far as the as the case of the petitioner is concerned, since the matter has now moved to the Court of Learned Additional Collector, Begusarai, it would be appropriate that he/she respond to the notice and put forward a case so that the matter is taken to its logical conclusion at an earliest and latest by 31.12.2026.

10. With the aforesaid observation, the writ petition is

6/6 disposed of. I.A. if any also stands disposed of.

11. The personal appearance of Mr. Akash Kumar, Circle Officer, Balia, Begusarai stands dispensed with. (Rajiv Roy, J) ankita/- U