Patna High Court
CWJC/6778/2026 of Brahmdeo Sharma Vs The State of Bihar on 20 July 2026
COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.6778 of 2026 ====================================================== 1. Brahmdeo Sharma Son of Late Awadh Lal Sharma, Resident of Village Govindpur, P.S. Falka, District Katihar. 2. Bhagwat Sharma, Son of Late Awadh Lal Sharma, Resident
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.6778 of 2026
======================================================
1.
Brahmdeo Sharma Son of Late Awadh Lal Sharma, Resident of Village Govindpur, P.S. Falka, District Katihar.
2.
Bhagwat Sharma, Son of Late Awadh Lal Sharma, Resident of Village Govindpur, P.S. Falka, District Katihar.
3.
Vinod Sharma, Son of Late Awadh Lal Sharma, Resident of Village Govindpur, P.S. Falka, District Katihar.
... ... Petitioner/s
Versus
1.
The State of Bihar through the Principal Secretary, Revenue and Land Reforms Department, Government of Bihar, Patna.
2.
The Principal Secretary, Revenue and Land Reforms Department, Government of Bihar, Patna.
3.
The Collector, Katihar.
4.
The Deputy Collector Land Reforms (D.C.L.R.), Katihar.
5.
The Circle Officer, Falka, District Katihar.
6.
Md. Zaffar Alam, S/o Late Bibi Nasima Khatoon, Resident of Village Sekhpura P.S. Rupauli, Bhamdaha, District Purnea.
7.
Md. Zaved, S/o Late Bibi Nasima Khatoon, Resident of Village Sekhpura P.S. Rupauli, Bhamdaha, District Purnea.
8.
Md. Banti, S/o Late Bibi Nasima Khatoon, Resident of Village Sekhpura P.S. Rupauli, Bhamdaha, District Purnea.
9.
Julee Pravin, D/o Late Bibi Nasima Khatoon, D/o Asmasuddin Ahmad, Resident of Village Sekhpura P.S. Rupauli, Bhamdaha, District Purnea.
10.
Seemi Pravin, D/o Late Bibi Nasima Khatoon, D/o Asmasuddin Ahmad, Resident of Village Sekhpura P.S. Rupauli, Bhamdaha, District Purnea.
11.
Nisa Pravin, D/o Late Bibi Nasima Khatoon, D/o Asmasuddin Ahmad, Resident of Village Sekhpura P.S. Rupauli, Bhamdaha, District Purnea.
12.
Sadab Pravin, D/o Late Bibi Nasima Khatoon, D/o Asmasuddin Ahmad, Resident of Village Sekhpura P.S. Rupauli, Bhamdaha, District Purnea.
13.
Md. Cintu, S/o late Bibi Nasima Khatoon, D/o Asmasuddin Ahmad, Resident of Village Sekhpura P.S. Rupauli, Bhamdaha, District Purnea.
14.
Majluma Khatoon, W/o Late Md. Jasim, Resident of Village Navi Nagar, Adgama, P.S. Falka, District Katihar.
15.
Md. Mojahid, S/o Late Mohd. Jasim, Son of Mohd Ismail, Resident of Village Navi Nagar, Adgama, P.S. Falka, District Katihar.
16.
Md. Manowar, S/o late Mohd. Jasim, Son of Mohd. Ismail, Resident of Village Navi Nagar, Adgama, P.S. Falka, District Katihar.
17.
Md. Azahar @ Pappu, S/o late Mohd. Jasim, Son of Mohd. Ismail, Resident of Village Navi Nagar, Adgama, P.S. Falka, District Katihar.
18.
Md. Anzar, S/o Late Mohd. Jasim, Son of Mohd. Ismail, Resident of Village Navi Nagar, Adgama, P.S. Falka, District Katihar.
19.
Md. Feyaz, S/o late Mohd. Jasim, Son of Mohd. Ismail, Resident of Village Navi Nagar, Adgama, P.S. Falka, District Katihar.
20.
Md. Habil, S/o late Mohd. Jasim, Son of Mohd. Ismail, Resident of Village Navi Nagar, Adgama, P.S. Falka, District Katihar.
21.
Bibi Majlum Khatoon, W/o Mohd. Jasim, Resident of Village Navi Nagar, Adgama, P.S. Falka, District Katihar.
22.
The Sub Divisional Magistrate, District Katihar.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s
:
Mr. Chandra Kant, Advocate
Mr. Navin Kumar, Advocate
Mr. Vaibhav Kumar Jha, Advocate
Mr. Subhash Kumar Tiwari, Advocate
Ms. Karnika, Advocate
For the State
:
Mr. M.N.H. Khan, SC-1
Mr. Md. Irshad, AC to SC-1
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
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ORAL ORDER
20-07-2026 Heard the parties.
2. The present petition has been preferred for the grant of the following relief/s:
(i) for issuance of a writ in the nature of Mandamus directing the respondent authorities to reconstruct/retrace the record of Case No. 08/2012-13 under Section 48(D) of the Bihar Tenancy Act, 1885;
(ii) for issuance of a writ of Certiorari to set aside the illegal and arbitrary order dt 6/12/2025 (annexure P/5) passed in BT Act (appeal) No. 10/2017 by Sub Divisional Magistrate
Katihar by which the learned court instead of passing order for reconstruction of lower court record, has dropped the proceeding of the case in absence of record of lower court.
(iii) for direction upon the respondent authorities to decide afresh the claim of the petitioners under Section 48(D) of the Bihar Tenancy Act.
(iv) for initiation of inquiry an disappearance/manipulation
of official records;
(v) to Grant any other relief or reliefs as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.
3. Pursuant to the last order, the respondent Circle Officer, Falka, Katihar, Ms. Somi Poddar is present in the Court and her submission is that despite best of the effort, the original record, relating to C.P Case No. 08 of 2012-13 could not be retrieved and the responsibility has been fixed on Mr. Satish
Kumar, the erstwhile Clerk in her office who has since been suspended. The respondents also intend to lodge criminal case against him. She further submits that the process has already been on to resurrect the file ought to reselect the file.
4. Learned counsel for the petitioners submit that they shall also be cooperating in the matter and once the file is resurrected, the prayer is that they be heard along with the respondent nos. 6 to 21 beside any other claimant so that an appropriate order is passed.
5. In that background, instead of keeping the case pending, it would be appropriate that the writ petition is disposed of accepting the words of the Circle Officer, Falka, Katihar that appropriate criminal case shall be filed against Mr. Satish Kumar and further the resurrection of the file shall be done at an earliest. Thereafter, the parties shall be heard so that an appropriate order can be passed.
6. Under the aforesaid observation, the writ petition is disposed of, the personal appearance of the Circle Officer, Falka, Katihar, Ms. Somi Poddar stands dispensed with.
ankita/- (Rajiv Roy, J) U