Patna High Court
CWJC/12570/2026 of Shiv Shankar Ram Vs The State of Bihar on 17 August 2026
COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.12570 of 2026 ====================================================== 1. Shiv Shankar Ram S/o- Yogendra Ram Resident of Narkatiya, Singhwahini, P.S.- Bhutahi, District- Sitamarhi. 2. Surender Ram, S/o- Munshif Ram Resident of Narkatiya,
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.12570 of 2026
======================================================
1.
Shiv Shankar Ram S/o- Yogendra Ram Resident of Narkatiya, Singhwahini, P.S.- Bhutahi, District- Sitamarhi.
2.
Surender Ram, S/o- Munshif Ram Resident of Narkatiya, Singhwahini, P.S.- Bhutahi, District- Sitamarhi.
... ... Petitioner/s
Versus
1.
The State of Bihar through the Principle Secretary Land and Revenue Department, Government of Bihar.
2.
The Principail Secretary, Land and Revenue Department, Government of Bihar.
3.
The Commissioner, Tirhut Division, Muzaffarpur.
4.
The District Magistrate-cum-Collector, Sitamarhi.
5.
The Additional Collector, Sitamarhi.
6.
The D.C.L.R., Sitamarhi Sadar, Sitamarhi.
7.
The Circle Officer, Sonbarsa, Sitamarhi.
8.
Ram Swarath Chaudhari, S/o- Ram Sunder Chaudhari, Resistent of Narkatiya, Singhwahini, P.S.- Bhutahi, District- Sitamarhi.
... ... Respondent/s
Appearance :
For the Petitioner/s
:
Mr. Krishna Kant Singh, Advocate
For the Respondent/s
:
Mr. Addl. Advocate General 07
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
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ORAL ORDER
17-08-2026 Heard Mr. Krishna Kant Singh, learned counsel for the petitioners and the State.
2. The present petition has been preferred for the following relief(s): “(i) for issuance of a writ in the nature of Certiorari for setting aside the notice dated 24-03-26 issued under the signature of the S.H.O Sonbarsha and Circle
Officer, Sonbarsa, whereby on the application of the Private respondent No.8 the petitioners have been called upon to be present with respect to alleged land dispute as there is no dispute at all and the petitioners are the valid title holder of the land in question but the authorities are threatening to dispossess the petitioner for the land in question at the instance of the private respondent who has clout over the Government Officials and the same is without jurisdiction.
(ii) for directing the concerned respondent not to interfere in the peaceful possession over the land bearing Khata No.1400, Kheshra No.7894, Thana No.63 area 15 decimal over which the petitioner and other family members of late Chalitra Ram reside separately since long.
(iii) for, further to hold that the petitioner cannot be removed from the land in question taking into account that they are valid title holder by virtue of the Khatiyan and order of the Chakbandi Officer dated 07.07.1987 by which there was order to enter the name of Yogendra Ram in the records.
(iv) for further to hold that the Circle Officer / S.H.O. are not competent to look into matter which had attained finality.
(v) For other necessary relief/reliefs to which the petitioner may be found entitled in the facts of the case.”
3. After some argument, learned counsel for the petitioners submit that they will be approaching the Sub- Divisional Magistrate under whose jurisdiction the land is present so that he can take cognizance of the matter after issuing notice to the respondents.
4. Learned State counsel submits that the notice which is challenged before this Court, the petitioners should appear, and in any case, the concerned respondents have to submit report to the SDM who is the ultimate authority to decide the matter.
5. The facts have been recorded, the petitioner intends to approach the concerned Sub-Divisional Magistrate who is duty bound to look into the matter, issue notice to the other side, seek the report from the concerned respondents and then pass a reasoned order.
6. With the aforesaid observation, the writ petition is disposed of.
munindra/- (Rajiv Roy, J) U