Rashmi Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.14285 of 2025 ====================================================== Rashmi singh W/o- Lalit Mohan Singh, R/o- Flat No. 301, Uma Palace, Nehru Path, Opp. Bihar Museum, Near Officers Flat, Jagat Amrawati Apartment, Patna, P.O- G.P.O, P.S- Kotwali, District- Patna. ... ... Petitioner/s
Versus
1.
The State of Bihar through the Principal Secretary, Revenue and Land Reforms Department, Government of Bihar, Patna. 2.
The Collector, Araria.
3.
The Land Reforms Deputy Collector (LRDC), Forbesganj. 4.
Raghu Tudoo, S/o- Manjhi Tudoo, R/o- Village- Saifganj, Parwaha, P.SForbesganj, District- Araria. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shivam, Advocate For the State :
Mr. Addl. Advocate General 04 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 19-01-2026 Heard the parties.
2. The present petition has been preferred for the grant of following relief(s):
"(i) for quashing and setting aside the ex parte order dated 10.01.2015( Annexure P-3) passed in Record No. 28/14-15 and the correction letter issued in the name of private respondent dated 26.03.2015 by the Learned Circle Officer, Forbesganj under Section 48D of the Bihar Tenancy Act, 1885, whereby land measuring 0.80 decimal, situated in Mauza
2/4 Saifganj, Khata No. 241, Khesra No. 1656 forming part of Jamabandi No. 440 and lawfully recorded in the name of the petitioner which was wrongfully deducted without issuance of notice or grant of opportunity of hearing to the petitioner. The petitioner respectfully submits that she had no knowledge of the said proceedings and became aware of the same only upon recent communication from the Circle Office.
(ii) issue a writ in the nature of Certiorari for quashing and setting aside the order dated 31.05.2005 (Annexure P-2) passed by the Land Reforms Deputy Collector, Forbesganj, in Mokadma Sankhya 806/94-95 under Section 48E of the Bihar Tenancy Act, 1885, on the ground that although the record of the proceeding reflects the appearance of the petitioner, the petitioner had no actual knowledge of the same and was, therefore, unable to appear or effectively present her case. The impugned order, accordingly, stands vitiated
3/4 for want of compliance with the principles of natural justice and fair procedure.
(iii) declare that the impugned order dated 10.01.2015, 26.03.2015 and 31.05.2005 is void ab initio, non-Est, and of no legal consequence, having been passed behind the back of the Petitioners without giving them a fair opportunity of being heard;
(iv) issue a writ in the nature of mandamus, commanding the Respondent Authorities, particularly the Circle Officer, Forbesganj and the Land Reforms Deputy Collector, Forbesganj, to forthwith restore the petitioner's lawful raiyati land, measuring 33 acres 41 decimals and 500 square kadis, situated in Mauza Saifganj, Thana No. 06, Khata Nos.
241 and 246, Khesra Nos. 1656 and 2039, which had been wrongfully and arbitrarily reduced from Jamabandi No. 440 without notice, hearing, or participation of the petitioner, and to rectify the revenue records accordingly, including correction of the digitized records and
4/4 issuance of rent receipts in respect of the full area of 53 acres and 73 decimals lawfully recorded and possessed by the petitioner;
(v) pass any other appropriate writ(s), order(s), or direction(s) as this Hon'ble Court may deem fit and proper in the interest of justice, equity, and fair play."
3. In this case on 26.09.2025, four weeks' time was granted to remove the defects.
4. As it was a peremptory order and not complied, it stood dismissed on 07.11.2025.
5. Perused the file, consigned.
(Rajiv Roy, J) vinayak/- U