Patna High Court
Umda Devi and OrsversusThe State Of Bihar and Ors
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The Court held that the writ petition cannot be entertained for cancellation of the settlement and disposed of it, directing the petitioners to approach the Collector with a proper petition.
Summary
The petitioners sought a writ directing the cancellation of the settlement of Jhamatia Ghat Mela in Begusarai, alleging that the settlement in favour of respondent No.4 was made illegally without any notification or declaration under the Bihar State‑Mela Authority Act, 2008. They contended that the settlement obstructed their movement and business and pointed to a prior Title Suit No. 92 of 2017 where the competent court had ruled in their favour. The State argued that the petition could be dealt with either by allowing its own prayer after imposing a cost of Rs 5,000 or by directing the petitioners to approach the Collector within four weeks. The Court observed that a proper petition with supporting documents should be filed before the Collector, who is duty‑bound to resolve the matter within six months. Consequently, the writ petition was disposed of with the observation directing the petitioners to move before the Collector, effectively dismissing the writ relief sought.
Issues considered
- Whether the settlement of Jhamatia Ghat Mela in favour of respondent No.4 is legal and can be annulled by a writ.
- Whether the settlement was effected without the requisite notification or declaration under the Bihar State‑Mela Authority Act, 2008.
- Whether the petitioners are entitled to relief directing the State to cancel the settlement.
Subjects
- writ petition
- settlement cancellation
- land dispute
- Bihar State‑Mela Authority Act
- administrative law
- civil writ jurisdiction
- property rights
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.150 of 2018
======================================================
1. Umda Devi and Ors Wife of Late Kapildeo Yadav,
2. Sahdeo Yadav, Son of Late Choudhary Yadav,
3. Pramod Yadav, Son of Late Uchit Yadav,
4. Vinod Kumar @ Vinod Rai, Son of Late Amarnath Rai, All resident of
Village- Narepur West, P.S. and Post- Bachhwara, Sub Registry- Teghara,
District- Begusarai.
... ... Petitioner/s
Versus
1. The State Of Bihar and Ors
2. The Collector, Begusarai.
3. The Additional Collector, Begusarai.
4. Circle Officer, Block- Bachhawara, District- Begusarai.
5. Randhir Yadav Settle of Jhamatia Ghat Mela, Son of Shiv Shankar Yadav,
Jhamatia Ghat Meal, Resident of Village- Narepur West, P.S. and Post-
Bachhawara, District- Begusarai.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Radha Mohan Pandey, Adv.
For the Respondent/s : Mr. Rishi Raj Sinha -Sc19
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 02-02-2026 Heard Mr. Radha Mohan Pandey, learned counsel for
the petitioners and the State.
2. The present application has been preferred:
for issuance of an appropriate writ
order or direction for
cancellation/annulment of settlement of
Jhamatia Ghat Mela in the District
Begusarai settled erroneously and illegally
in favour of settlee Respondent No. 4 in the
year 2017 2018 without any notification or
Patna High Court CWJC No.150 of 2018(3) dt.02-02-2026
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declaration by the competent authority that
Jhamatia Ghat Mela is Mela under the Bihar
State -Mela Authority Act, 2008.
3. The matter relates to a piece of land in the district
of Begusarai and the grievance of the petitioners is/are that the
respondents are conducting Jhamatia Ghat Mela there and
making settlement completely blocking their
movement/business.
4. The submission is that in the year 2017 itself, in
Title Suit No. 92 of 2017 (Umda Devi & Ors. vs. Collector &
Ors.), the Competent Court passed order in their favour, still no
response.
5. The Co-ordinate Bench on 03.05.2018, directed the
State to file affidavit. Today, on call, the contention is that the
same be again adjourned for filing reply.
6. This Court has two options; either to allow the
prayer of the State after imposing cost of Rs. 5,000/- and/or to
dispose of the writ petition with a direction to the petitioner to
move before the Collector, Begusarai (respondent no. 2) in next
four weeks.
7. Needless to add, if a proper petition with all the
supporting documents is/are filed, the Collector, Begusarai is
duty-bound to take the matter to its logical conclusion
Patna High Court CWJC No.150 of 2018(3) dt.02-02-2026
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preferably within a period of six months from the date the
representation is received in the office.
8. The writ petition is disposed of with aforesaid
observation.
(Rajiv Roy, J)
Vijay Singh/-
U
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