Syed Mohammad Sadruddin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13044 of 2025 ====================================================== 1.

Syed Mohammad Sadruddin Son of Md. Shah Serajuddin Resident of Village-Bibipur, Post Office and Police Station-Kako District-Jehanabad. 2.

Syed Mohamamd Saghiruddin Son of Md. Shah Serajuddin Resident of Village-Bibipur, Post Office and Police Station-Kako District-Jehanabad. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Revenue and Land Reforms, Government of Bihar, Patna. 2.

The Distirct Collector, Jehanabad.

3.

The Additional Collector, District-Jehanabad. 4.

The Deputy Collector Land Reforms, Jehanabad. 5.

The Anchal ASdhikari, kako, District-Jehanabad. 6.

The District Sub Registrar, District-Jehanabad. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dhirendra Kumar Jha, Adv.

For the Respondent/s :

Mr. Government Pleader (11) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 07-04-2026 Heard Mr. Dhirendra Kumar Jha, learned counsel for the petitioner and Ms. Dimpal Kumari representing the State.

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

I) for directing the Respondent Authorities to make necessary correction in the Computerised Revenue Account/Demand of the land in question which belongs to the petitioner and for which the petitioner has made proper applications long back.

II) for also directing the

2/7 Respondent authorities consequentially to accept rent of the land in question from the petitioner and grant Rent Receipts as they used to do earlier.

III) for also directing the Respondent No. 6 the District Sub Registrar or any other Respondent to left the Restriction imposed on transfer of the land which is part of the land in question due to which petitioner is not in a position to transfer the land to meet his personal requirement.

IV) for any other relief or reliefs for which the petitioner may be found entitled in the facts and circumstances of the case.

3. The details of the land is/are as follows: That the lands in question involved in the present case are: Lands contained in Mauza Kako and Bibipur Thana No. 464 and 465 respectively in Khata Nos. 3 Khesra No. 387, area-43 decimal Khata No. 08, Khesra No. 374 area- 52 decimal, Khata No. 8 Khesra No. 384 area- 13 decimal, Khata No. 09 Khesra No. 378. Area- 4 decimal, Khata No. 10 Khesra No. 388 area 32 decimal. Khata No. 10, Khesra No. 389 area- 60 decimal, Khata No. 10 Khesra No. 391 area- 57 decimal, Khata No. 10 Khesra No. 392 area- 33 decimal, Khata No. 10, Khesra Nio. 385 area- 20.5

3/7 decimal, Khata No. 26 Khesra No. 312 Area- 15 decimal, Khata No. 26 Khesra No. 596 area 02 decimal, Khata No. 26 Khesra No. 599 area- 03 decimal, Khata No. 35 Khesra No. 598 area- 06 decimal, Khata No. 57 Khesra No. 600 area- 04 decimal, Khata No. 61 Khesra No. 489 area- 06 decimal, Khata No. 66 Khesra No. 430 area- 04 decimal, Khata No. 69 Khesra No. 425 area-05 decimal, Khata No. 93 Khesra No. 415 area- 03 decimal, Khata No. 115 Khesra No. 593 area- 06 decimal, Khata No. 115 Khesra No. 595 area- 03 decimal, Khata No. 116 Khesra No. 305 area-06 decimal, Khata No. 125 Khesra No. 587 area-03 decimal, Khata No. 126 Khesra No. 597 area- 02 decimal, Khata No. 129 Khesra No. 594 area- 05 decimal, Khata No. 160 Khesra No. 627 area- 12 decimal, Khata No. 160 Khesra No. 628 area- 29 decimal. Khata No. 161 Khesra No. 626 area- 14 decimal, Khata No. 165 Khesra No. 364 area- 46 decimal, Khata No. 165 Khesra No. 434 area-355 decimal, Khata No. 165 Khesra No. 584 area- 10 decimal, Khata No. 166 Khesra No. 436 area 15.5 decimal, Total Land Area-869 decimals.

Mauza- Kako Khata No. 1057 Khesra No. 6578 area119 decimal, Khata No. 1057 Khesra No. 6581 area- 98 decimal, Khata No. 413 Khesra No. 5883 area- 04, Khata No. 2371 Khesra No. 6580 area67 decimal, Khata No. 1102 Khesra No. 6582 area73 decimal, Khata No. 1102 Khesra No. 6584 area

4/7 64 decimal, Khata No. 1102 Khesra No. 5015 area08 decimal, Khata No. 1102 Khesra No. 682 area 32 decimal, Khata No. 1102 Khesra No. 5155 area 09 decimal, Khata No. 1102 Khesra No. 63 area43 decimal, Khata No. 1102 Khesra No. 67 area-07 decimal, Khata No. 1102 Khesra No. 70 area 78 decimal, Khata No. 1102 Khesra No. 83 area-11 decimal, Khata No. 1102 Khesra No. 253, Area- 16 decimal, Khata No. 525 Khesra No. 6826 area- 02 decimal, Khata No. 526 Khesra No. 2440 area-35 decimal, Khata No. 526 Khesra No. 3508 area-02 decimal, Khata No. 526 Khesra No. 3414 area- 25 decfimal, Khata No. 526 Khesra No. 5165 area 12.5 decimal, Khata No. 526 Khesra No. 6910 area 34 decimal, Khata No. 526 Khesra No. 6955 area64 decimal, Khata No. 526 Khesra No. 7037 area07 decimal, Khata No. 526 Khesra No. 3855 area49 decimal, Khata No. 2169 Khesra No.

6591 area 36 decimal, Khata No. 2169 Khesra No. 6590 area- 30, Khata No. 293 Khesra No. 6372 area-09, Khata No. 293 Khesra No. 6357 area- 02 decimal, Khata No. 293 Khesra No. 5260 area- 07 decimal, Khata No. 293 Khesra No. 6845 area-07 decimal, Khata No. 293 Khesra No. 4291area- 14 decimal, Khata No. 293 Khesra No. 6342 area- 14 decimal, Khata No. 476 Khesra No. 2510 area- 11.5 decimal, Khata No. 476 Khesra No. 2524 area- 50 decimal, Khata No. 476 Khesra No. 3478 area- 07 decimal, Khata No. 214 Khesra No. 6568 area- 78 decimal, Khata No. 265 Khesra No. 1525 area- 37.

5/7 Total Land Area- 1162 decimal.

4. The claim of the petitioners is/are that the lands belong to their ancestors, returns filed and jamabandis created. However, the computerized revenue account/ demand of the land in question needs to be updated and the rent receipts have been denied be issued to them on the ground that the land has been put under the restricted list.

5. A counter affidavit has come on behalf of the respondent nos. 2 to 6 and paragraphs 14 and 15 records that it has been put under the restricted category as per the Government guidelines in such cases where title, classification or legality of transfer is doubtful or the land is in nature of Government land. However, paragraph 15 of the counter affidavit also records that it is preventive and regulatory, not punitive.

6. However, in paragraph 14, the State respondents record that mere filing of online application does not create any automatic right for the correction of the revenue records and as such, each and every application is required to undergo field verification, comparison with survey and settlement records and only after legal scrutiny by the competent authority, can be taken to its logical conclusion.

7. Having heard the parties, this Court fails to

6/7 understand the logic behind the said statement made in paragraph 14. An application has been preferred by the petitioners before the concerned revenue authority. They are aggrieved and claim is that it belongs to their ancestor but lately, rent receipts have been denied as the lands have been put under the restricted category which may be restored.

8. In that background, to take a stand (by the respondents) that merely because an application has been filed, cannot result into an order in favour of the petitioner, in the opinion of this Court, is highly derogatory. The revenue authorities has/have the duty to take up each and every application and let the same be concluded in accordance with law and within permissible time. The petitioners preferred application on which they have to act. The petitioners have not objected to their field verification, comparison with survey/ settlement records. If there is any requirement, those making application has to be informed and/or documents sought for.

9. But, they cannot be allowed to just incorporate and not actually act.

10. In that background, this Court directs the Collector, Jehanabad to look into the matter , the grievance of the petitioner, the counter affidavit filed on behalf of the

7/7 respondents and after getting the report and bearing the parties to take it to a logical conclusion within a period of six months from the date the petitioners file a proper petition.

11. Learned counsel for the petitioner submits that fresh petition shall be filed within eight weeks from today.

12. The writ petition is disposed of with aforesaid observation.

(Rajiv Roy, J) Vijay Singh/- U