Patna High Court

Sharda DeviversusThe State of Bihar

Decided: 18 April 2026
Disposal: DISPOSED
Bench: RAJIV ROY

Holding

The Court directed the Additional Collector, Begusarai, to dispose of the Jamabandi cancellation case No. 03 of 2021‑22 by 31 December 2026.

Summary

Sharda Devi filed a writ petition seeking a mandamus directing the Additional Collector of Begusarai to dispose of a Jamabandi cancellation case (No. 03 of 2021‑22) that had remained pending for about five years. The petitioner argued that despite an order in 2021 directing the Circle Officer to produce documents, no further action was taken, causing undue delay. The State counsel contended that if the matter remained pending, it should be concluded in accordance with procedural requirements. The Court noted the prolonged inaction, the petitioner’s advanced age, and the need for timely justice, and therefore directed the Additional Collector to pass an appropriate order and dispose of the case by 31 December 2026. The petition was subsequently disposed with the Court’s observation directing the disposal deadline.

Issues considered

Whether a writ of mandamus can be issued to compel the Additional Collector to dispose of a pending land revenue case.
Whether the delay in adjudicating the Jamabandi cancellation case violates the petitioner's right to timely justice.

Subjects

mandamus
administrative delay
land revenue
Jamabandi
civil writ jurisdiction
petition disposal

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.15077 of 2023
                 ======================================================
                 Sharda Devi W/o Rajendra Sah, R/o Village Rampur Tola, P.S.- Phulwari,
                 District- Begusarai.

                                                                       ... ... Petitioner/s
                                                 Versus
           1.    The State of Bihar through the Principal Secretary Land and Revenue
                 Department, Government of Bihar at Patna.
           2.    The Principal Secretary, Land and Revenue Department, Government of
                 Bihar at Patna.
           3.    The Collector, District Begusarai.
           4.    The Additional District Collector, District Begusarai.
           5.    The Deputy Collector Land Reforms, District Begusarai.
           6.    The Circle Officer, Teghro, District Begusarai.
           7.    Bibi Hamida Khatoon, W/o Late Md. Muslim, R/o Village Baro Gachi Tola,
                 P.S.- Phulwaria, District- Begusarai.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr. Ebadur Rahman Shakeb, Advocate
                 For the Respondent/s   :      Mr. Viveka Nand Singh,Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   18-04-2026                   Heard Mr. Ebadur Rahman Shakeb, learned counsel

                   for the petitioner and Mr. Viveka Nand Singh, learned counsel

                   for the State.

                               2. The present petition has been preferred for the

                   following relief(s):

                                             “for     issuance      of    an    appropriate

                                    writ/Direction including the writ in the nature of

                                    Mandamus for commending / directing the

                                    respondent No. 4 i.e Additional Collector, Dist:
Patna High Court CWJC No.15077 of 2023(2) dt.18-04-2026
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                          Begusarai       to     dispose   of   the   Jamabandi

                          cancellation case No. 03 of 2021-22 as soon as

                          possible and for grant of other reliefs in the facts

                          and circumstances of the case.”

                      3. It is unfortunate that the litigants have to move

          before this Court with a simple prayer, to dispose of the petition

          which according to her is pending before the Additional

          Collector, Begusarai.

                      4. The record shows that in Case No. 03 of 2021-22

          (Sarda Devi vs. Bibi Hamida Khatoon), the Additional

          Collector, Begusarai directed the Circle Officer, Begusarai to

          provide documents relating to the case in question.

                      5. It is the case of the petitioner that thereafter,

          nothing happened and for five years, they are waiting for its

          result.

                      6. Learned State counsel if it is still pending, the same

          shall be taken to its logical conclusion.

                      7. This writ petition was filed in the year 2023. We are

          in the month of April, 2026. The lady was aged 75 years in the

          year 2023 and it is high time that the Additional Collector,

          Begusarai look into the matter and pass an appropriate order

          after hearing all the parties preferably by the end of this year
         Patna High Court CWJC No.15077 of 2023(2) dt.18-04-2026
                                                    3/3




                   (31.12.2026).

                               8. The order has been passed in the background of the

                   submission put forward by the learned counsel for the petitioner

                   that it is still pending.

                               9. The writ petition is disposed with the aforesaid

                   observation.



                                                 (Rajiv Roy, J)
Ravi/-

U

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