Naseeb Lal Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10705 of 2025 ====================================================== Naseeb Lal Singh Son of- Late Dev Charan Singh, Resident of - GramDaulatpur, Post-Wo, P.S- Fathua, District- Patna. ... ... Petitioner/s

Versus

1.

The State of Bihar through Additional Chief Secretary, Land Reforms and Revenue Department.

2.

The District Magistrate, Patna 3.

The Additional Collector, Revenue, Patna.

4.

The District Collector Land Reforms, Patna 5.

The Circle Officer, Fathua 6.

The Senior Superintendent of Police, Patna 7.

The Superintendent of Police, x 8.

The Station House Officer, fathua 9.

Smt. Niru Devi Wife of- Kamlesh Kumar @ Kemas Singh Resident ofGram Daulatpur, P.O.- Gathochak, P.S.- Fathua, District- Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Ms.Akanksha Malviya, Advocate For the Respondent/s :

Mr.Standing Counsel (11) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 20-04-2026 Heard Ms.Akanksha Malviya, learned counsel for the petitioner and the State.

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

(i) for issuance of a writ in the nature of Certiorari, of any other appropriate writ, order or direction, for quashing the order

2/5 11-08 2023 passed in Mutation Case No.

7141 of 2022-23 by the Circle Officer, Fatuha, whereby mutation has been allowed in favour of the private respondent on the basis of Sale Deed No. 1498 dated 18.03.2017, which was neither executed by the petitioner nor relates to the land mutated in the said order;

(ii) for issuance of a writ in the nature of Certiorari, or any other appropriate writ, order or direction, directing the Circle Officer, Fatuha, to cancel the illegally created jamabandi entry (No. 4, Page 39) in the name of the private respondent and to restore the earlier jamabandi standing in the name of the petitioner with respect to the land bearing Khata No. 45, Khesra No. 59, Mauza Daulatpur;

(iii) for issuance of a writ in the nature of Certiorari, or any other appropriate writ, order or direction upon the District Magistrate, Patna and Superintendent of

3/5 Police (Rural), Patna to conduct a proper enquiry for fraudulent production of document in Mutation Case No. 7141 of 2022-23 and take appropriate legal action against those found responsible for forging the petitioner's identity and manipulating official records;

(iv) for issuance of a writ in the nature of Certiorari, or any other appropriate writ, order or direction directing the local police authorities and revenue officials to ensure that the petitioner is not unlawfully dispossessed or harassed with respect to his lawful possession over his land, pending adjudication of his rights;

(v) to hold and declare the actions of the respondent authorities in entertaining and effecting a second mutation based on a fraudulent sale deed, without providing any opportunity of notice or hearing to the petitioner, and without scrutinizing the sale deed on which the order is based as

4/5 arbitrary, malafide, illegal and in gross violation of Articles 14, 21, and 300A of the Constitution of India;

(vi) for awarding cost of litigation and compensation for the harassment, inconvenience and legal injury suffered by the petitioner due to the fraudulent and arbitrary actions of the respondents;

(vii) any such other order(s) or direction(s) as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case

3. A counter affidavit has come on behalf of the respondent nos. 02 to 05 and learned State counsel has taken this Court to the order passed by the D.C.L.R. in M.A. No. 125 of 2025-26 (Neru Devi vs. Circle Officer, Fathua) wherein the order passed by the Circle Officer, Fathua in Mutation Case No. 7141 of 2022-23 has been set aside vide an order dted 22.08.2025 (Annexure-R/3 to the counter affidavit).

4. In view of the aforesaid facts, since the grievance of the petitioner already stands redressed, writ petition has become infructuous.

5/5

5. Granting liberty to the petitioner to agitate the matter afresh, if situation so warrant, the writ petition is disposed of.

(Rajiv Roy, J) Ravi/- U