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Patna High Court

Meena DeviversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Circle Officer, Patna Sadar, must immediately ensure possession of the land allotted to the petitioner in accordance with the Collector’s order.

Summary

Meena Devi filed a writ petition seeking a mandamus directing the State to allot her a suitable piece of land in place of the land acquired for the Ganga Rail Pariyojana, to quash an allocation of flood‑prone land, and to ensure possession of the land allotted under Land Settlement Case No.01 of 2021‑22. The Patna High Court noted that the Collector, by memo dated 15‑01‑2026, had already identified land for the petitioner but the exact location remained unknown to her. The petitioner’s counsel argued that the Circle Officer must be directed to grant possession of the identified land. The State counsel agreed to issue necessary instructions to the Circle Officer. The Court held that the Circle Officer, Patna Sadar, is duty‑bound to ensure immediate possession of the allotted land and ordered compliance with the Collector’s directions.

Issues considered

  • Whether the respondents should be compelled by mandamus to allot alternative suitable land to the petitioner as per the State's earlier undertaking.
  • Whether the allocation of 5 decimals of flood‑prone, unsurveyed land can be quashed.
  • Whether the Circle Officer is obligated to ensure possession of the land allotted under the Land Settlement Case No.01 of 2021‑22.

Subjects

  • land acquisition
  • mandamus
  • possession
  • alternative land
  • flood‑prone land
  • Ganga Rail Pariyojana
  • land settlement
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.15765 of 2025
                 ======================================================
                 Meena Devi Wife of Madan RAm, Resident of Vill-Chulhaichak, Mahabir
                 Tola, P.S.-Danapur, Dist-Patna at present residing at Vill-Hasanpura, P.S.-
                 Beur, Dist-Patna, Bihar.


                                                                                 ... ... Petitioner/s
                                                   Versus
           1.    The State of Bihar through Chief Secretary, Government of Bihar, Patna.
           2.    The Additional Chief Secretary, Revenue and Land Reforms Department,
                 Government of Bihar, Patna.
           3.    The Director of Land Acquisition, Government of Bihar, Patna.
           4.    The District Land Acquisition Officer, Patna.
           5.    The District Magistrate cum Collector, Patna.
           6.    The Additional Collector, Patna.
           7.    The Circle Officer, Patna Sadar, Patna.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :          Mr. Ashok Kumar, Advocate
                 For the State            :          Mr. Government Pleader 26
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

4   28-04-2026                      Heard Mr. Ashok Kumar, learned counsel for the

                   petitioner and learned State counsel.

                                 2. The present petition has been preferred for the

                   grant of following relief(s):

                                              “(i)   issuance     of   an   appropriate       writ

                                        including a writ in the nature of writ of

                                        mandamus commanding the respondents to allot

                                        to the petitioner a suitable piece of land in place

                                        of the land acquired under Ganga Rail
Patna High Court CWJC No.15765 of 2025(4) dt.28-04-2026
                                           2/4




                             Pariyojana, as per the undertaking/stand of the

                             State Government and in terms of the directions

                             of this Hon'ble Court in CWJC No. 10936 of

                             2007.

                                         (ii) issuance of an appropriate writ

                             including a writ in the nature of writ of

                             mandamus commanding the respondents to take

                             immediate steps to identify and allot alternative

                             suitable land fit for residential purposes within a

                             reasonable time frame.

                                         (iii) issuance of an appropriate writ

                             including a writ in the nature of Certiorari, for

                             quashing Letter No. 4083 dated 12/05/2023,

                             whereby the petitioner has been allotted 5

                             decimals of land in Mauza-Dujara Diara, Thana

                             No. 137, which is wholly unsuitable for

                             residential purposes being unsurveyed and

                             flood-prone.

                                         (iv) issuance of other appropriate

                             writ(s), Order(s), direction(s) as may be deem fit

                             and proper in the facts and circumstances of the

                             case.”
Patna High Court CWJC No.15765 of 2025(4) dt.28-04-2026
                                           3/4




                      3. Pursuant to the earlier order passed by the

          coordinate Bench on 01.11.2025, the Collector, Patna took pains

          and passed an order which reflects from memo no.428 dated

          15.01.2026 and after detailing out the land, which the petitioner

          was demanding, being not feasible for her, direction has been

          issued that she should construct building on the land which has

          been allotted pursuant to the Land Settlement Case No.01 of

          2021-22.

                      4. Learned counsel for the petitioner submits that the

          exact location is still unknown to the petitioner and as such, the

          Circle Officer, Patna Sadar, be directed to ensure that the

          possession is granted to her.

                      5. The submission put forward by learned counsel for

          the petitioner is just and proper an order has been passed. The

          Collector, Patna has also taken note that she has been allotted

          land pursuant to the Land Settlement Case No. 01 of 2021-22.

                      6. In that background, the Circle Officer, Patna Sadar

          is duty bound to ensure that the possession of the land is

          completed in favour of the petitioner.

                      7. Learned State counsel submits that necessary

          instruction shall be issued to see to it that the Circle Officer,

          Sadar Patna ensures the lady gets possession of the land in
            Patna High Court CWJC No.15765 of 2025(4) dt.28-04-2026
                                                       4/4




                      question.

                                  8. Accordingly, the writ petition is disposed of

                      directing the Circle Officer, Patna Sadar to immediately act in

                      the matter pursuant to the last order passed by the Collector,

                      Patna vide memo no. 428 dated 15.01.2026 and see to it that the

                      lady gets possession of the land which has been allotted to her.

                      Failure to do so he/she may face an adverse order.



                                                    (Rajiv Roy, J)
vinayak/-

U


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