Sushila Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7750 of 2024 ====================================================== 1.
Sushila Devi W/o Ranjit Singh Resident of Village - Mania, P.O. - Khochariha, Ps- Dhansoi, District - Buxar.
2.
Ajit Singh, son of Ranjit Singh, Resident of Village- Mania, P.O. - Khochariha, Ps- Dhansoi, District - Buxar.
... ... Petitioner/s
Versus
1.
The State of Bihar through the Chief Secretary, Government of Bihar, Old Secretariat, Patna.
2.
The District Collector, Buxar.
3.
The Deputy Collector Land Feforms, Buxar.
4.
The Circle Officer, Rajpur, District - Buxar. 5.
Champa Devi, W/o Bhagat Singh, Resident of village- Badjogo, P.S.- Nokha, District - Rohtas.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Manendra Kumar Sinha, Advocate For the Respondent/s :
Mr. Standing Counsel (11) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 20-07-2026 Heard the parties.
2. The present petition has been preferred for the following relief/s:
(i) for quashing of the order dated 26.07.2021 passed by respondent no. 4 C.O Rajpur, vide letter no. 905 whereby and whereunder Jamabandi (Mutation) of petitioners has been cancelled without any legal and proper ground, opened a new khata and made entry in Register II in the name of Late Shree Nath Singh (original Raiyat and deceased father of petitioner)) by ignoring this fact that land in question belongs to the petitioner
Patna High Court CWJC No.7750 of 2024(2) dt.20-07-2026 2/3 No.1 after was legally death of her father and rent receipts for the said land were already issued up to the year 2021 petitioner. in favour of (ii) to take suitable legal action against the respondent no. 4 (C.O., Rajpur) who has illegally cancelled Mutation of the land of petitioner pertaining to Khata No. 51 & 91, Plot No. 109, 110, 117, 140, 141, 147, 148, 191, 211, 217, 230, 382, 51 of total area 15 Acres and 49.999 decimils without any legal ground in a very arbitrary, malafide and unjustified manner.
(iii) for direction to the respondents to made available the records of the case bearing mutation case no. 1435/2015-16 and further direct the office of Respondent no. 4 to issue land rent receipt upto date till current financial year petitioners.
3. It is unfortunate that the respondent no. 4, the Circle Officer, Rajpur, despite the efforts of the petitioners has not handed over the certified copy of the order dated 26.07.2021.
4. The different documents with the writ petition shows that the petitioner tried their level best before the respondents before invoking the writ jurisdiction of this Court.
5. The counter affidavit of the respondents do not throw any light on it.
6. In that background, with the consent of the parties, the writ petition is disposed of with a direction to the
Patna High Court CWJC No.7750 of 2024(2) dt.20-07-2026 3/3 Circle Officer, Rajpur, respondent no. 4, to immediately provide the certified copy of the order dated 26.07.2021 which forms part of the prayer of the writ petition and in any case, within a period of two weeks, from the date, the petitioner prefers petition so that he can challenge it before the appropriate authority.
7. It is made clear that failure to provide the certified copy of the order dated 26.07.2021, the concerned respondent shall be facing contempt.
8. The petitioner shall be free to immediately challenge the order before appropriate authority once certified copy is handed over to them.
9. Needless to add, in case the petitioners want interim protection, appropriate Interlocutory Applications shall also be preferred along with the main petition so that an order could be passed by the respondent authority.
10. With the aforesaid observation, the writ petition is disposed of.
(Rajiv Roy, J) Sanny/- U