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Smt. Arti Jha vs Bihar Sarkaar Dvara Shreemaan Sachiv ...
2025 Latest Caselaw 976 Patna

Citation : 2025 Latest Caselaw 976 Patna
Judgement Date : 3 January, 2025

Patna High Court

Smt. Arti Jha vs Bihar Sarkaar Dvara Shreemaan Sachiv ... on 3 January, 2025

Author: Alok Kumar Pandey
Bench: Alok Kumar Pandey
         IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.19155 of 2024
     ======================================================
     Smt. Arti Jha pati shri praveen kumar jha Sthaye nivasi graam vo post-baleha
     dakshin, thaana-rajnagar, jila-madhubani, vo haal mokam geet aur naatak
     prabhaar 1-A/7, new pataliputra colony, thana-pataliputra, jila-patna vo
     vartamaan pata makaan sankhya 5A, road no. 8A, indrapuri, keshari nagar,
     po-keshari nagar, thana- pataliputra, jila- patna, pin code-800024.

                                                             ... ... Petitioner/s
                                      Versus
1.   Bihar Sarkaar dvara shreemaan sachiv mahoday, shahri kshetradhikar, vikas
     pradhikar, patna-800001
2.   shreemaan ayukt mahoday patna pramandal, jila- patna-800001
3.   shreemaan jiladhikari, jila-patna-800001
4.   shreemati shail singh pati sva veer bahadur singh sthayee pata kurjee, thana-
     digha, jila-patna, pin code-800011 evam haal mokaam (pata)-indrapuri, rod
     no 7A, makan no 6, post-keshari nagar, thana-pataliputra, jila-patna-800024
5.   Mithalesh kumar pita sva veer bahadur singh sthayee pata kurjee, thana-
     digha, jila-patna, pin code-800011 evam haal mokaam (pata)-indrapuri, rod
     no 7A, makan no 6, post-keshari nagar, thana-pataliputra, jila-patna-800024
6.   shreemaan jila nibandhak mahoday, sadar patna, karyalay ka pata shreemaan
     jila nibandhan karyalay, chhajjubag, po-jee-pi-o, patna-800001
7.   shreemaan anchaladhikari mahoday, sadar patana, karyalay ka pata
     shreemaan anchaladhikari ka karyalay, kumhrar, patna-800020
8.   shreemaan prashasak mahoday, patna nagar nigam, karyalay ka pata maurya
     lok complex, daak banglow chauraha, po-ji-pi-o, thana-kotvali, jila-patna-
     800001
9.   shreemaan mukhya prashasanik padadhikari, south bihar power distribution
     company limited, nibandhit karyalay vidyut bhavan, bailey road, patna-
     800001
10. shreemaan sahayak vidyut abhiyanta, karyalay ka pata south bihar power
    distribution company limited, prashakha pataliputra colony, patna-800024
11. shreemaan mukhy prashasanik padadhikari bhartiya state bank (SBI)
    mukhya shakha, paschim gandhi maidan, po-ji-pi-o, jila-patna-800001
12. shreemaan shakha prabandhak (rin vibhag) bhartiya state bank (SBI)
    mukhya shakha paschim gandhi maidan, po-ji-pi-o, jila-patna.

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s         :       Mr.Sanjeev Kumar Sinha, Advocate
     For the Respondent No. 1-3   :       Mr.Arvind Kumar (SC to GA-9)
     For the Respondent No. 10    :       Mr.Ajay Kumar Gautam, Advocate
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
     ORAL JUDGMENT
 Patna High Court CWJC No.19155 of 2024 dt.03-01-2025
                                           2/6




         Date : 03-01-2025

                            Heard the parties.

                            2. In the instant petition, petitioner has prayed for

         the following relief(s):-

                                                 (a) Will No, 7933 dated
                                 15.07.2014

, Book No. 1, Volume No. 186, Page No. 206 to 2017, total 12 the applicant/petitioner Page CD 29 of 2014 AD, the sale deed was registered by opponent number 4 in his name in the office of opponent number 6, in which opponent number 5 has become the identity. Whose rest Mouza- Mainpura, Pargana, Azimabad, Survey Police Station-Phulwari, present Police Station-Patliputra, all that Sadar registry and District- Patna whose Police station No. 2 (two), Police Station Code-231. Ward no.14 (fourteen) Tauji No. 5123, Account No. 245 (two hundred forty-five) part of Survey Plot No. 1149 (one thousand one hundred forty-nine) whose area is ours, that entire Mawaji area is 875 sq. ft. (eight hundred seventy-five sq. ft.) that is 2.0087 decimel Arazi Hakiyat Kast Raiyat residential land whose annual land revenue is Rs. 60 Paisa apart from the rest Circle Officer, Patna Sadar, this property within Patna Municipal Corporation, that Nazri map is enclosed with the said will Whose measurement is:- North-35 ft 00 inch, South-35 ft 00 inch, East-25 ft 00 inch, West 25 ft 00 inch and boundaries North - Private seller, South-

Patna High Court CWJC No.19155 of 2024 dt.03-01-2025

Radhamohan Singh, East - Auxiliary road, West - Private seller. For Rectification of the above mentioned registered sale deed, an appropriate order or command should be issued.

(b) That on the basis of purchase will no. 7933 Dated 15.07.2014 by the applicant/petitioner, order was passed in case no. 585/2014- 15 in the name of the applicant/petitioner from the office of Shriman Anchal Adhikari, Sadar Patna, and thereafter Jamabandi No. 16093 was registered in which after the establishment of jamabandi, mutation was done and in the mutation jamabandi, mauza Mainpura, pargana- Azimabad, survey police station- Phulwari present Police station- Patliputra, all that Sadar registry Patna whose Thana No. 2 (two), Police station code 231, ward no. 14 (fourteen), Tauji No. 5123, account no. 245 (two hundred forty five), part of survey plot no. 1149 (one thousand one hundred forty nine), whose area 875 sq. ft. (eight hundred seventy five) sq. ft. i.e. 2.0087 decimal area haqiqat was registered, whose boundary is north- private seller, south-Radhamohan Singh east-auxilliary road, west-private seller. For Rectification in jamabandi and mutation appropriate order direction of inducement should be issued.

(c) That on the basis of Will No. 7933 dated 15.0-7.2014 purchased by the applicant/petitioner and on the basis of Jamanbandi No. 16093 maintained from the office of Patna High Court CWJC No.19155 of 2024 dt.03-01-2025

Shriman Anchal Adhikari, Sadar Patna, a Sanction Letter dated 06..04.2018 and a Sanction Letter dated 18.08.2020 was issued by the applicant/petitioner from the State Bank of India Main Branch, Gandhi Maidan, Patna for obtaining loan and the loan was received and the measurement was done and given by the writing of the Will, opponent No. 4 and the witness and identification opponent No. 5, The applicant/petitioner has constructed a house on the survey plot and area. The bank house on the survey plot and area. The bank should issue a writ or order directing the bank to Rectification all the documents of the building construction loan.

(d) That the applicant/petitioner will purchase the house by getting it registered from Mr. Anchal Adhikari Sadar Patna on the basis of will no. 7933 dated 15.07.2014 and taking loan from State Bank of India Got it constructed and is paying Municipal Corporation tax from Patna Municipal Corporation Zone from 31.08.2022. Holding house no. 5A registered by Municipal Corporation Patna, order or order or direction of appropriate induced Rectification should be issued in all documents of Patna Municipal, Patna (E) That the applicant/petitioner is eligible to obtain loan for house construction from the loan department of State Bank of India, Main Branch, Patna on the basis of Jamabandi and Dakhil Kharij Patna High Court CWJC No.19155 of 2024 dt.03-01-2025

maintained in the office of Shriman Anchal Adhikari Sadar Patna on the basis of purchase will number 7933 dated 15.07.2024. After paying tax to Patna Municipal Corporation, he got electricity connection in his name in his house in the office of opposite party No. 9 and 10 on 03-04-2015. An appropriate writ or order directing to issue Rectification of all the documents submitted by the petitioner the department of opposite party No. 9 and

3. Learned counsel for the petitioner submits that

before registration of sale deed dated 15.07.2024, petitioner was

shown survey plot no. 1150 but the sale deed has been executed

in respect of Plot No. 1149, Khata No. 249. He further submits

that petitioner has limited grievance that his plot number should

be rectified as "Plot No. 1150" in place of "Plot No.1149".

Petitioner has specifically mentioned boundary of plot in Para 7

(hindi drafting) of the writ petition as area 875 sq. feet, North -

Private Seller, South - Radha Mohan Singh, East - Branch

Road, West - Private Seller. Learned counsel orally submits that

assurance has been given by the vendor the he will rectify "Plot

No. 1149" in place of "Plot No. 1150".

4. Learned counsel for the State submits that

from the perusal of prayer clause it is clear that petitioner has Patna High Court CWJC No.19155 of 2024 dt.03-01-2025

not represented his grievance before any competent authority.

He, however, submits that if petitioner represents his grievance

before the competent authority, the concerned authority will

look into the matter.

5. In the light of the facts and circumstances of

the present case, the present writ petitioner stands disposed of

with liberty to the petitioner to raise his grievance before the

competent authority.

(Alok Kumar Pandey, J) alok/-

AFR/NAFR                NAFR
CAV DATE                N/A
Uploading Date          04.01.2025.
Transmission Date       N/A
 

 
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