Patna High Court
Rajmani Miya @ Ramjani MiyaversusThat the State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The Court directed the Collector, Darbhanga to pass the appropriate order in the pending appeal within six months, thereby allowing the petitioner’s second prayer.
Summary
Petitioner Rajmani Miya filed a writ petition seeking a mandamus directing the Circle Officer, Kusheshwar Asthan, to execute a 27 July 2023 order (Memo No.578) issued by the Additional Collector in a land‑ceiling parcha cancellation case and to issue a rent receipt after mutating the purchased land. He also prayed for an alternative direction to the Collector, Darbhanga, to pass an order in the pending Bhoohadbandi Parcha Cancellation Appeal No.135/223 filed by respondent Chandrakala Devi, which was causing the mutation delay. The State counsel argued that the pending appeal would be concluded soon. The Court examined whether it could compel the authorities to act on the pending appeal and the earlier order. It held that the petition could be disposed by directing the Collector to pass the appropriate order in the appeal within six months. Consequently, the second prayer was allowed, directing the Collector to act on the appeal, and the petition was disposed.
Issues considered
- Whether the High Court can issue a mandamus directing the Circle Officer to execute the 27 July 2023 order and create mutation of the petitioner’s land.
- Whether the Court can direct the Collector, Darbhanga to pass an order in the pending Bhoohadbandi Parcha Cancellation Appeal No.135/223.
Subjects
- Mandamus
- Writ jurisdiction
- Land ceiling
- Mutation of land
- Bhoohadbandi
- Land reforms
- Civil writ
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1601 of 2026
======================================================
Rajmani Miya @ Ramjani Miya son of Late Khuda Vakas, resident of village-
Asma, Ward No. 16, Anchal and P.S.- Kusheshwar Asthan, District-
Darbhanga.
... ... Petitioner/s
Versus
1. That the State of Bihar through the Chief Secretary, Government of Bihar,
Patna.
2. The Additional Chief Secretary, Department of Revenue and Land Reforms,
Government of Bihar, Patna.
3. The Collector, Darbhanga.
4. The Additional Collector, Darbhanga.
5. The Deputy Collector, Land Reforms, Biraul, District-Darbhanga.
6. The Circle Officer, Kusheshwar Asthan, District-Darbhanga.
7. Chandrakala Devi, w/o Late Bala Paswan, resident of village- Asma, Block
and P.S.- Kusheshwar Asthan, District- Darbhanga.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Girish Chandra Jha, Advocate
For the Respondent/s : Mr.Standing Counsel- 8
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 02-02-2026 Heard the parties.
2. The present petition has been preferred for the
following relief/s:
(i) for issuance of appropriate order/orders,
direction/directions, writ/writs, preferably in
the nature of Mandamus, commanding and
directing the Respondent authority
concerned, in particularly, the Circle Officer,
Kusheshwar Asthan, District-Darbhanga
Patna High Court CWJC No.1601 of 2026(2) dt.02-02-2026
2/3
(Respondent No.6) to forthwith execute the
order dated 27.07.2023 contained in Memo
No.578, issued/passed by the Additional
Collector, Darbhanga in Land Ceiling
Parcha Cancellation Case No.54/2018-19
and issue rent receipt in favour of petitioner
after creating mutation of the land
appertaining to Khata No. 23, Khesra No.
1081 and Khata No. 86, Khesra No. 1080,
area 2 Katha, Thana No.232 of Mauza
Asma, Anchal-Kusheshwar Asthan, District-
Darbhanga which is purchased land of the
petitioner.
Alternatively, this Hon'ble Court may be
pleased to direct the Collector, Darbhanga
to pass appropriate order in Bhoohadbandi
Parcha Cancellation Appeal No.135/223
preferred by the Respondent No.7,
Chandrakala Devi because due to pendency
of the same the Respondent No.6, the Circle
Officer, Kusheshwar Asthan is not creating
the mutation of the aforesaid purchased land
Patna High Court CWJC No.1601 of 2026(2) dt.02-02-2026
3/3
of the petitioner. Any other relief/relief for
which petitioner is found entitled on the facts
and in the circumstances of this case.
3. Learned counsel for the petitioner submits that the
matter is pending before the Collector, Darbhanga (respondent
no.3) in Bhoohadbandi Parcha Cancellation Appeal No.135/223
but the same has not been taken to its logical conclusion.
4. Learned State counsel submits that if still has not
been concluded, the same shall be concluded at an earliest.
5. In that background, the writ petition is disposed of
allowing the second prayer of the petitioner by directing the
respondent-Collector, Darbhanga to pass appropriate order in
the aforesaid Bhoohadbandi Parcha Cancellation Appeal
No.135/223, if still not passed, in next six months after hearing
all the parties.
(Rajiv Roy, J)
Ravi/-
U
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