Parmanand Sah @ Prama Nand Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15579 of 2025 ====================================================== Parmanand Sah @ Prama Nand Prasad Son of Binda Prasad, Resident of Village Kajarhan, PS Madhuban, Anchal Madhuban, District East Champaran, Motihari.

... ... Petitioner/s

Versus

1.

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

The District Magistrate cum Collector, East Champaran, Motihari. 3.

The Deputy Collector Land Reforms Officer, Dhaka, East Champaran, Motihari.

4.

The S.D.O., Pakaridayal, East Champaran, Motihari. 5.

The Circle Officer, Anchal Madhuban, East Champaran, Motihari. 6.

The Anchal Amin, Madhuban, East Champaran, Motihari. 7.

Prince Kumar, son of Prakash Kumar Jha, resident village Kajarhan, Ward No. 9, P.S. Madhuban, Anchal Pakaridayal, District East Champaran, Motihari.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajesh Kumar, Adv.

For the Respondent/s :

Mr. U.S.S. Singh, GP (19) ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 14-10-2025 The instant writ petition under Article 226 of the Constitution of India has been filed by the petitioner seeking the following relief:- "I. That this is an application for issuance of appropriate writ/writs, order/orders, direction/directions mandamus to the respondents No. 2 (The District Magistrate cum Collector, East Champaran, Motihari) and Respondent No. 5 (Circle Officer, Madhuban, East Champaran, Motihari) to stay the Memo

Patna High Court CWJC No.15579 of 2025(2) dt.14-10-2025 2/3 No. 241 dated 8.7.25 in village Kajarhan, Thana No. 39, Khata No. 251, Khesara No. 690, area 0.14 katha 5 dhur (0.67 decimal) said land settled by Sheohar State in name of the petitioner father namely (Late Binda Sah), in year 1944 and 1951, and Jamabandi No. 94 and (latter Jamabandi no. 177 total area 4 bigha 17.5 decimal) to parties or relief for which petitioner is found entitled to the facts and circumstances of the case".

2. Mr. Rajesh Kumar, learned counsel for the petitioner and Mr. U.S.S. Singh, learned GP-19 for the Staterespondents are present and they are heard.

3. In this writ petition the petitioner has challenged the notice issued to the petitioner by the respondent no.5, the Circle Officer, Anchal Madhuban, East Champaran, Motihari by which a restraining order has been passed against the petitioner and he was directed to appear before the respondent no. 5 and give his evidence in support of his claim.

4. The issue raised in this writ petition is premature and this court is not persuaded to invoke its writ jurisdiction to redress the petitioner's grievance and the petitioner should have appeared before the respondent no.5 and filed his reply to the impugned notice, however, if the petitioner files his reply to the said notice before the respondent no.5, the Circle Officer,

Patna High Court CWJC No.15579 of 2025(2) dt.14-10-2025 3/3 Anchal Madhuban, East Champaran, Motihari in the next four weeks then the respondent no.5 shall take appropriate legal action in connection with the issue detailed in the impugned notice.

5. Accordingly, this writ petition stands disposed of. (Shailendra Singh, J) BKS/- U