Chandra Kishor Giri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13196 of 2025 ====================================================== Chandra Kishor Giri S/o Ramadhar Giri Resident of Village- Dheknan Bazar, P.S.- Muffasil, District- East Champaran.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principle Secretary, Revenue and Land Reforms, Government of Bihar, Patna.

2.

The Commissioner, Tirhut Division, Muzaffarpur. 3.

The District Magistrate, East Champaran, Motihari. 4.

The A.D.M., East Champaran, Motihari.

5.

The Circle Officer, Sadar Motihari.

6.

Sri Rajan Kumar, S/o not known R/o Nanhosati, P.S.- Majhauliya, DistrictWest Champaran. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rahul Singh, Advocate For the Respondent/s :

Mr.Vivek Prasad, G.P.-07 Mr. Sanjay Kumar, AC to GP-7 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 19-08-2025 Heard Mr. Rahul Singh, learned counsel for the petitioner and Mr. Vivek Prasad, learned G.P.-7.

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

(i) for quashing of notice dated 31.07.2025 issued under the signature of Circle Officer, Sadar, Motihari on the grounds of vagueness and without jurisdiction;

(ii) for further issuance of writ in the nature of mandamus restraining the respondents to

Patna High Court CWJC No.13196 of 2025(2) dt.19-08-2025 2/3 create any disturbance in peaceful possession over the land bearing Mauza/Thana No. Dhekaha 214, Jamabandi No. 2371, Khata No. 11 and 479 Khesra No.

5832 and 8596 Rakba 1 acre and 2 katha which has been purchased by the petitioner vide sale deed dated 20.06.2005 and long standing Jamabandi is running in the name of the petitioner vide Jamabandi No. 2371;

(iii) for any other reliefs or relief which will be considered fit by this Hon'ble Court.

3. At the outset, Mr. Prasad, learned State Counsel submits that the Circle Officer, Sadar, Motihari has simply issued notice to him to appear and record his reason why the jamabandi should not be cancelled. Instead of reply, the said notice, he has rushed to Patna High Court.

4. Learned counsel for the petitioner submits that he has rent receipt to support his case and the Circle Officer, Sadar, Motihari in haste passed the order.

5. This Court is afraid. A notice has been received by the petitioner, he is duty bound to satisfy the Circle Officer, Sadar, Motihari who has to act in accordance with law and

Patna High Court CWJC No.13196 of 2025(2) dt.19-08-2025 3/3 cannot go beyond that.

6. In that background, learned counsel for the petitioner submits that he shall be submitting all the relevant documents to support his case but there has been some delay as he rushed the Patna High Court.

7. The Circle Officer, Sadar, Motihari (respondent no.5) has issued a notice, he is duty bound to accept the documents which the petitioner shall be submitting and only after hearing all the parties, shall pass a reasoned order.

8. The writ petition is disposed of with the aforesaid observation.

(Rajiv Roy, J) Ravi/- U