Sudhir Kumar Das v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5967 of 2015 ====================================================== 1.

Sudhir Kumar Das 2.

Adhir Kumar Das 3.

Nishir Kumar Das All Sons of Late Brojendra Mohan Das, Resident of Village- Rupani, P.S. Bahadurganj, District- Kishanganj. ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

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

3.

The District magistrate, Kishanganj.

4.

The Deputy Collector, Land Reforms, Kishanganj. 5.

The Circle Officer, Bahadurganj, District- Kishanganj. 6.

The Circle Inspector, Bahadurganj, District- Kishanganj. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ranjit Kumar, Advocate For the Respondent/s :

Mr.Gp12 For the Int/respondent :

Mr. Bajarangi Lal, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 05-01-2026 Heard the parties.

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

(i) for issuance of a writ in the nature of certiorari to quash the order dated 26.06.2014 passed by the Deputy Collector, Land Reforms, Kishanganj whereby on the proposal and the recommendation for fixation of rent vide Rent Fixation of 2012-

Patna High Court CWJC No.5967 of 2015(3) dt.05-01-2026 2/3 13 Case No.05 without assigning any reason and without giving any opportunity to defend the case instead of granting approval/sanction for fixation of rent on the proposal and recommendation order has been passed since petitioners (raiyat) are Gasban possession holder on the land of Bihar Government so under Bihar Land Reforms Act, 1950/Public Land Encroachment Act, 1956 encroachment case be initiated by the Circle Officer and for issuance of a consequential writ in the nature of mandamus directing and commanding the respondents to not give effect to passed by the Deputy Collector, the order dated 26.06.2013 Land Reforms, Kishanganj in Rent Fixation Case No.05 of 2012-13 and to grant sanction/approval on the proposal/recommendation of the Circle Officer for fixation of rent vide Rent Fixation Case No.05 of 2012-13 giving same and similar treatment on the basis of principle of

Patna High Court CWJC No.5967 of 2015(3) dt.05-01-2026 3/3 equity and discrimination as has been done in the non-case of others similarly situated persons and/or for issuance of a writ/order/direction for which the petitioners may be found legally entitled to under the facts and circumstances stated here-inunder.

3. Mr. Ranjit Kumar, learned counsel for the petitioners prays for withdrawal of the petition and as such the writ petition as also the Interlocutory Application stand dismissed as withdrawn.

(Rajiv Roy, J) Ravi/- U