Sudha Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.46 of 2026 ====================================================== 1.
Sudha Devi W/o Anil Kumar Singh, Resident of Village- Bhatgama, PostBalaur, P.S.- Gaighat, District- Muzaffarpur, At Present Resident of Taksal, P.S. Kasauli, District- Solan, Himachal Pradesh. 2.
Sanjiv Kumar Singh S/o Late Birendra Prasad Singh, Resident of VillageBhatgama, Post- Balaur, P.S.- Gaighat, District- Muzaffarpur, At Present Resident of Ward No. 28, Rajopatti, Post-Sitamarhi Bazar, P.S. and DistrictSitamarhi. ... ... Petitioner/s
Versus
1.
The State of Bihar through the Additional Chief Secretary, Department of Revenue and Land Reforms, Government of Bihar, Patna. 2.
The Collector, Muzaffarpur.
3.
The Sub-Divisional Officer, Muzaffarpur East, Muzaffarpur. 4.
The Circle Officer, Gaighat, Muzaffarpur.
5.
The S.H.O., Gaighat Police Station, Muzaffarpur. 6.
Shail Devi, W/o Ram Vilas Singh, Resident of Village- Bariaut, P.S.- Kamtaul, District- Darbhanga.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Madhu Prasun, Advocate.
For the Respondent/s :
Standing Counsel (1) ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 19-01-2026 Heard learned counsel appearing on behalf of the petitioners and learned counsel for the State.
2. The petitioners in paragraph no. 1 of the present writ petition have sought, inter alia, following relief(s), which is reproduced hereinafter:- "i. For issuance of an appropriate writ/writs, order/ orders, direction/directions commanding the concerned respondents to restrain the Respondent No-6 and a few Revenue Staffs of Gaighat Circle, Muzaffarpur, who are under her collusion for illegal gains, to sell any ancestral immovable property claimed by respondent no.-6
2/4 as she in a fraudulent way is selling partitioned ancestral properties of the petitioner's share and ensuring mutation of the same in collusion with the aforesaid Gaighat Circle staffs.
ii. For issuance of a writ of mandamus or any other appropriate writ/writs, order/orders, direction/ directions commanding the concerned respondents to ensure that respondent no.-6 or any of the person who recently purchased (in the year 2024 afterwards) "Naihari" properties, as claimed by respondent no.-6 as her share to take possession of the aforesaid properties forcefully or fraudulently as the aforesaid respondent no.6 in collusion with few Gaighat Circle staffs is ensuring mutation of the same in a very illegal and fraudulent way.
iii. For issuance of a writ of mandamus or any other appropriate writ/writs, order/orders, direction/directions commanding the concerned respondents to make proper enquiry/investigation in the matter of illegality and fraud committed by the respondent no.6 in collusion with few revenue staffs of Gaighat Circle, Muzaffarpur and thereafter fix appropriate civil/ criminal liability on them for their illegal deeds making the petitioner suffered.
iv. For issuance of a writ of mandamus or any other appropriate writ/writs, order/orders, direction/directions commanding the concerned respondents to consider the representations of the petitioners and do needful thereafter as the said representation have not been considered till date causing injustice to the petitioner.
v. For any other relief/ reliefs for which the petitioner is entitled under law.
3. Learned counsel appearing on behalf of the petitioners submitted that specific statement has been made in Paragraph Nos. 11 and 12 of the writ petition with regard to non-consideration of the complaint made before the District Magistrate, which are reproduced hereinafter: "11. That thereafter the petitioner no.2 had made complaint on 11.04.2025 against a few revenue staffs of Gaighat Circle in the Janta Darbar of the District Collector, Muzaffarpur as they for illegal gain and under collusion had added the khesra belonging to the petitioners in forged jamabandi but again the said complaint was not considered.
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12. That when no action was taken on the aforesaid complaint then again the petitioner has made complaint/representation before the Collector on 24.04.2025 regarding same reason but neither the same was considered not needful was done."
4. Several sale deeds have been executed by the petitioners in respect of land situated in Bihari Mauza Urf Bhatgawan appertaining to Khata No. 68 and 69 and Khesra Nos. 791, 682 and 673. The respective parties may show their evidence in support of their claim before the District Magistrate cum Collector on the basis of Khatiyan along with their genealogy to support their stand that they are the descendant of a common ancestor in whose name Jamabandi is/was existing and they claim themselves to be the coparcener of each other.
5. The Circle Officer concerned, therefore, must forthwith produce the records relating to the above land in dispute before the District Magistrate cum Collector, Muzaffarpur.
6. The District Magistrate cum Collector, Muzaffarpur is directed to verify the claim of the respective parties on the basis of their claim and the counter claim and verify it from the revenue records maintained at Circle level. In case, the District Magistrate cum Collector, Muzaffarpur finds to stop alleged illegal sale of land by either of the parties, then in that case, he must first block all the Khata and Khesra in respect of the
4/4 petitioners available on line so that the either parties may be restrained from selling any piece of land in future before their respective share is determined by a competent civil court having jurisdiction or the District Magistrate may proceed to give his finding in respect of the land belonging to the share of the petitioners on the basis of impeccable evidence.
7. The writ petition, accordingly, stands disposed of. (Purnendu Singh, J) mantreshwar/- U