Patna High Court
Rita DeviversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The petition is disposed with a direction that the petitioner file a proper petition before the Circle Officer, who shall act on it and ensure peaceful possession of the land.
Summary
Rita Devi, daughter‑in‑law of the late Dukhit Ram, filed a writ petition seeking possession of land (Khata No. 455, Plot No. 822, 16 decimal) in Mauza Lachhua, Sitamarhi, which was settled in her father‑in‑law’s name under Settlement Case No. 290 of 1987‑88. She alleged that several private respondents (Nos. 6‑17) were attempting to dispossess her and that the Circle Officer, Bathnaha, had recorded the disturbance in letters dated 12‑09‑2022 and 11‑10‑2022 but took no action. The petition invoked Section 4 of the Bihar Land Disputes Resolution Act, 2009, asking for measurement, demarcation, possession, restraining orders, and compensation. The Court noted that the petitioner had not obtained any response from the administration despite repeated communications. Instead of granting the reliefs, the Court directed the petitioner to file a proper petition before the Circle Officer within four weeks and instructed the officer to act on the matter and ensure peaceful possession. Consequently, the writ petition was disposed without substantive orders against the private respondents.
Issues considered
- Whether the Court can, under Section 4 of the Bihar Land Disputes Resolution Act, 2009, direct the revenue authorities to measure, demarcate and hand over possession of the disputed land.
- Whether the writ petition is maintainable for the reliefs sought, including restraining private respondents and awarding compensation.
- Whether the Court may direct the Circle Officer to take administrative action in the absence of any response from the respondents.
Legislation cited
Subjects
- land dispute
- possession
- Section 4
- Bihar Land Disputes Resolution Act
- writ petition
- Circle Officer
- anti‑social elements
- compensation
- demarcation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1127 of 2025
======================================================
Rita Devi wife of Shivlal Ram, Resident of Village-Lachhua, Block and P.S-
Bathnaha, District-Sitamarhi.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary Revenue and Land
Reforms Department, Govt. of Bihar, Patna.
2. The Collector, Sitamarhi, District-Sitamarhi.
3. The Deputy Collector Land Reforms (D.C.L.R.), Sitamarhi, District-
Sitamarhi.
4. The District Land Survey Officer, Sitamarhi, District-Sitamarhi.
5. The Circle Officer (C.O.), Bathnaha, Block-Bathnaha, District-Sitamarhi.
6. Krishnandan Bhagat, s/o Bindeshwari Bhagat, resident of Village-Lachhua,
P.S. Bathnaha, District-Sitamarhi.
7. Ram Janki Bhagat, S/o Late Lakhan Bhagat, resident of Village-Lachhua,
P.S. Bathnaha, District-Sitamarhi.
8. Kamlesh Mahto, S/o Late Mahendra Mahto, resident of Village-Lachhua,
P.S. Bathnaha, District-Sitamarhi.
9. Sikandar Mahto, S/o Late Ram Ekbal Mahto, resident of Village-Lachhua,
P.S. Bathnaha, District-Sitamarhi.
10. Sunil Mahto, S/o Khehru Mahto, resident of Village-Lachhua, P.S. Bathnaha,
District-Sitamarhi.
11. Yogendra Mahto, Son of Late Akshelal Mahto, resident of Village-Lachhua,
P.S. Bathnaha, District-Sitamarhi.
12. Manoj Mahto, son of Yogendra Mahto, resident of Village-Lachhua, P.S.
Bathnaha, District-Sitamarhi.
13. Santosh Mahto, son of Yogendra Mahto, resident of Village-Lachhua, P.S.
Bathnaha, District-Sitamarhi.
14. Ram Naresh Mahto, Son of Late Pachu Mahto, resident of Village-Lachhua,
P.S. Bathnaha, District-Sitamarhi.
15. Ramashish Mahto, S/o Babuji Mahto, resident of Village-Lachhua, P.S.
Bathnaha, District-Sitamarhi.
16. Sanjeev Bhushan Chaudhary, Son of Bharat Bhushan Chaudhary, resident of
Village-Lachhua, P.S. Bathnaha, District-Sitamarhi.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Arun Kumar No. 1, Advocate
For the Respondent/s : Mr. Standing Counsel (1)
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
Patna High Court CWJC No.1127 of 2025(4) dt.07-07-2026
2/4
ORAL ORDER
4 07-07-2026 Heard the parties.
2. The present petition has been preferred for the
following relief/s:
(i) That U/s. 4 of the Bihar Land Disputes
Resolution Act 2009, the respondents be directed to
make measurement and demarcation & hand over
the possession of the Lands, which are settled in the
name of father in law of the petitioner namely Late
Dukhit Ram and were in peacefull possession of the
petitioner since long.
(ii) That the Respondents be also directed
to get the said lands boundaries by the petitioner
under security of local Administration because the
anti-social elements Respondent no. 6 to 17 are
trying to dispossess the petitioner and dispossessed
from some part of the settled lands.
(iii) That the private Respondent be
strictly restrained to disturb the handed over
possession to the petitioner, in future.
(iv) That the possession of the Lands of
Block. P.S. Bathnaha of District - Sitamarhi bearing
Mauza - Lachhua, Khata No. 455. Plot No. 822 Area
of 16 decimal be handed over.
(v) That the possession of the lands of
Block + P.S. Bathnaha, District Sitamarhi of Mauza
- Lachhua, Khata No. 455, plot No. 822, Area of 16
decimal be handed over to the petitioner taking from
illegal and unauthorized possession of Private
Respondent no. 6 to 16.
Patna High Court CWJC No.1127 of 2025(4) dt.07-07-2026
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(vi) That the Respondents be also directed
to pay the appropriate cost and compensation for
unnecessary mental physical and economical
harassment done by the illegal acts of the
Respondents.
(vii) That any other relief or reliefs may
kindly be granted in favour of the petitioner as it
may be deemed fit and proper to the fact and
circumstances of this case.
3. The petitioner is the daughter-in-law of Dukhit Ram
with whom the land was settled vide Settlement Case No. 290 of
1987-88 as per the documents submitted (Annexure-1 to the writ
petition).
4. It relates to Khata No. 455, Plot No. 822 ( area-16
decimal) under Mauza – Lachhu, Block and Police Station-
Bathnaha in the district of Sitamarhi.
5. The contentions in the writ petition is that some
unsocial elements are creating disturbance in the peaceful
possession of the land and the Circle Officer, Bathnaha had taken
note of this earlier while making communication with the Sub-
Divisional Officer, Sitamarhi Sadar vide letter no. 696 dated
12.09.2022 which followed another letter no. 820 dated
11.10.2022.
6. As nothing happened, the writ petition.
7. Two copies of the writ petition was/were handed
Patna High Court CWJC No.1127 of 2025(4) dt.07-07-2026
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over to the office of the learned Advocate General, Bihar,
whereafter, the petition was filed in the month of January, 2025.
8. Today, on call, the prayer is that no reply has come.
9. This Court has two options, either to adjourn the
matter after imposing cost upon the respondent and/or to dispose
it of with a direction to the respondents, particularly the Circle
Officer, Bathnaha, (respondent no. 5) to act on his own letter and
see to it that the peaceful physical possession of the lawful owners
is/are maintained.
10. In that background, the writ petition stands disposed
of with a direction that the petitioner shall be filing a proper
petition before the Circle Officer, Bathnaha within next four
weeks who shall be taking up the matter and do the needful and it
is further expected from the other respondents that if a proposal is
made by the Circle Officer, Bathnaha, he/she shall be acting on it
and ensure that the matter is taken to its logical conclusion at an
earliest.
(Rajiv Roy, J)
Sanny/-
U
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