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2026 Supreme(Online)(Pat) 5076

PATNA HIGH COURT
Most. Bhagia Devi and Ors
CWJC-2540/2016



IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.2540 of 2016 ======================================================

Most. Bhagia Devi and Ors ... ... Petitioner/s Versus The State Of Bihar and Ors ... ... Respondent/s ======================================================

Appearance :

For the Petitioner/s : Mr. Anjani Kumar Sinha No-1, Adv.

For the Respondent/s : Mrs. Archana Minakshi, GP-6 For SBPDCL : Mr. Pratyush Kumar, Adv.

======================================================

CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER

8 20-01-2026 Heard Mr. Anjani Kumar Sinha No. 1, learned counsel for the petitioner, Mrs. Archana Minakshi, learned GP-6 and Mr. Pratyush Kumar, AC to Mr. Vivek Prasad for South Bihar Power Distribution Company Limited.

2. The present application has been preferred for the following relief(s):

(i) For quashing the Memo No.

795 (6)/Rev. dated 04.08.2015 issued under the signature of, the Special Secretary, department of Revenue and Land Reforms, Govt. of Bihar, the Respondent No.3 as contained in ANNEXURE-5 communicating the Accountant General, Patna, the Respondent No. 7 about approval/sanction of permanent transfer of the land in issue i. e. 50 decimals out of 3.54 Acres of Plot No. 381 showing it illegally under Khata No. 160 recorded as "ANABAD SARVASADHARAN LAND" where as it was a plot under petitioners' raiyati Khata No. 150, of Village Madaini, Thana No. 141, Anchal-Sasaram, District- Rohtas to the South Bihar Power Distribution Company Ltd. Patna (in short the Company for further reference) for Special Plan(BRGF) on an approved amount of Rs.13,50,000 (Rupees Thirteen Lac and Fifty Thousand) only.

(ii) For quashing the Memo No.1543/Rev. dated 28.08.2015 as contained in ANNEXURE-6 issued from the office of the District Collector, Rohtas, the Respondent No.4 directing the Sub- Divisional Officer, Sasaram, the Respondent No.5 to ensure possession of the land in issue to the Company after its demarcation on accepting sanctioned amount in view of the approval given by the State of Bihar vide ANNEXURE--5 (iii) For a further direction to the Chairman-cum- Managing Director of the Company, the Respondent No.8 not to take forceful possession over the Khatiyani land of the petitioners and put any construction over that in view of its illegal transfer made by the State of Bihar vide ANNEXURE—5 (iv) For a further direction to the Respondents to pass an appropriate order on the representations filed in this regard by the petitioner no.2 before the Respondent No. 4 on 19.09.2015 and to the Respondent No. 2 on 23.09.2015 giving copy to all other concerned Respondents, as contained in ANNEXURE- 8 and 8/1 respectively before proceeding in the matter concerned.

3. Number of orders have been passed by Co-ordinate Benches and this Court has taken note of the order dated 06.09.2017 according to which, the Collector, Rohtas at Sasaram who was present in the Court submitted that the petitioner has played fraud upon the concerned officials and got the documents manufactured for which an enquiry is pending.

4. Learned GP-6 submits that as per the information, the State has moved before the Bihar Land Tribunal for the cancellation of the Jamabandi challenging the order passed by the Director, Consolidation.

5. As prayed for, list this case after eight weeks for filing affidavits and bringing on record the enquiry report if the same has been concluded and/or if the same has not been concluded, the reason thereof. Further, the State is also duty- bound to bring on record the petition which has been preferred before the Bihar Land Tribunal. State to file affidavit in six weeks and the learned counsel for the petitioner to file reply to it in next two weeks.

6. List this case on 17.03.2026.

(Rajiv Roy, J)

Vijay Singh/-

U

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