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Patna High Court

Umda Devi and OrsversusThe State Of Bihar and Ors

Decided
Disposal
DISPOSED

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
                                            2/3




                                 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
                                                       3/3




                     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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