Shambhu Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.21064 of 2025 ====================================================== Shambhu Singh Son of Late Ram Bahadur Singh, Resident of VillageRampur Bheriyahi Sadhanpura, P.O.- Hardi, Block and Circle- Motipur, P.S.- Kathaiya, District- Muzaffarpur.
... ... Petitioner/s
Versus
1.
The State of Bihar through the Additional Chief Secretary, Bihar Panchayati Raj Department, Government of Bihar, Patna.
2.
The Additional Chief Secretary, Bihar Panchayati Raj Department, Government of Bihar, Patna.
3.
The Collector cum District Magistrate, District- Muzaffarpur. 4.
The Chairman, District Board, District- Muzaffarpur. 5.
The Additional Chief Executive Officer, District Board, Muzaffarpur. 6.
The Settlement Officer cum Junior Engineer, District Board, Muzaffarpur. 7.
The Circle Officer, Circle- Motipur, District- Muzaffarpur. 8.
Parmanand Singh, Son of Late Sachchidanand Singh, Resident of VillageHarpur, P.O.- Hardi, Block and Circle- Motipur, P.S.- Kathaiya, DistrictMuzaffarpur. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Suraj Narayan Yadav, Advocate Mr.Upendra Kumar Chaubey, Advocate For the State :
Mr. Md. Irshad, AC to SC 1 For the Zila Parishad :
Mr. S. K. Thakur, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 13-01-2026 Heard Mr. Suraj Narayan Yadav along with Mr. Upendra Kumar Chaubey, learned counsels appearing on behalf of the petitioner; Mr. Md. Irshad, learned AC to SC 1 for the State and Mr. S. K. Thakur, learned counsel for the Zila Parishad.
2.Petitioner has inter alia prayed for following reliefs in the paragraphs No.1 of the writ petition:-
Patna High Court CWJC No.21064 of 2025(2) dt.13-01-2026 2/3 "That this is an application for issuance of an appropriate writ in the nature of certiorari to quash letter no.317 dated 02.12.2025 issued by the Additional Executive Officer, District Board, Muzaffarpur by which the petitioner and the respondent no.8 are directed to appear in the office of the District Board, Muzaffarpur on 20.12.205 at 12:30 P.M. And further prayer for issuance of an appropriate writ/writs, order/orders, direction/directions in the nature of mandamus for commanding and directing the respondents not to disturb the settlement of Hardi Bazar for the rest period of the financial year 2025-26 which has been settled with the petitioner on 27.09.2025 after cancelling the settlement of Hardi Bazar in favour of respondent no.8 vide memo no.281 dated 19.09.2025 for the financial year 20252026 and for other relief/reliefs as stated herein after in the facts and circumstances of the case."
3.Mr. Suraj Narayan Yadav, learned counsel appearing on behalf of the petitioner submitted that he has received instruction that petitioner will deposit the remaining amount, if any, as assessed by the Executive Officer, Zila Parishad, Muzaffarpur well within a period of one week, subject to the condition that private respondent no.8 is restrained, who has also not deposited the entire amount and his parwana has been cancelled for financial year 2025-26. Learned counsel in this background submitted that a fresh auction is required to be held and petitioner is ready to participate in the same, so that Zila Parishad should not be put to loss.
Patna High Court CWJC No.21064 of 2025(2) dt.13-01-2026 3/3
4. Considering the relief as sought for in the present writ petition, as well as, the information, based on the instruction of the petitioner, this Court finds that once the petitioner has undertaken to deposit the remaining amount, if any, within a period of one week, he has every right to participate in future tender for settlement of Hardi Bazar. Thereafter, a decision is required to be taken by the authority concerned in accordance with law.
5. The writ petition is, accordingly, disposed of.
6. Interlocutory Application(s), if any, also stands disposed of.
(Purnendu Singh, J) Sanjay/- U