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Patna High Court

Bibi Amna KhatoonversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The petition was dismissed, with the court directing the petitioner to pursue her grievance before the appropriate authorities.

Summary

Petitioner Bibi Amna Khatoon filed a writ petition seeking quashing of several orders dated 16.09.2022, 19.01.2023, 23.02.2023 and 02.05.2023 passed by the Sub‑Divisional Public Complaint Redressal Officer and the First and Second Appellate Authorities, and also sought a mandamus directing settlement of 4 decimals of land in her favour. The petitioner alleged that the land had been allotted to her in 1990 and that a recommendation for issuance of a parcha had been made by the Anchal Adhikari. The court heard arguments, noted that the petitioner could approach the concerned authorities for redress, and found no ground to interfere with the earlier orders. Consequently, the writ petition was disposed of, with the court allowing the petitioner to agitate the matter before the appropriate authorities.

Issues considered

  • Whether the orders dated 16.09.2022, 19.01.2023, 23.02.2023 and 02.05.2023 passed by the Sub‑Divisional Public Complaint Redressal Officer and the First and Second Appellate Authorities can be quashed.
  • Whether a writ of mandamus can be issued directing the settlement of the disputed land in favour of the petitioner.
  • Whether the petitioner is entitled to a parcha for the land based on the recommendation of the Anchal Adhikari.

Subjects

  • land settlement
  • writ of certiorari
  • mandamus
  • public grievance redressal
  • Bihar land reform
  • appellate authority

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Civil Writ Jurisdiction Case No.16688 of 2023
                 ======================================================
                 Bibi Amna Khatoon W/o Md. Jamal Mansuri, Resident of Village - Sajour,
                 near Imambara, Gari Tola, P.O. and P.S. - Sajour, District- Bhagalpur.

                                                                             ... ... Petitioner/s
                                                   Versus
           1.    The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna.
           2.    The District Magistrate-cum-Second Appellate Authority, Bhagalpur.
           3.    The Additional Collector-cum-First Appellate Authority, Bhagalpur.
           4.    The Sub-Divisional Officer-cum-Sub Divisional Public Complain Redressal
                 Officer, Sadar, Bhagalpur.
           5.    The Deputy Collector, Land Reform (DCLR), Bhagalpur.
           6.    The Anchal Adhikari, Shahkund, District - Bhagalpur.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :        Mr.Chandrasekhar Sharma, Advocate
                 For the Respondent/s   :        Mr.Md. Khurshid Alam ( Aag 12 )
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

3   20-04-2026                  Heard the parties.

                               2. The present petition has been preferred for the

                   following relief/s:

                                            (i) for issuance of writ in the nature of

                                            certiorari   to   quash     the    order     dated

                                            16.09.2022 contained in Annexure-5 and

                                            order dated 19.01.2023 both passed by Sub-

                                            Divisional Public No.-Complaint Redressal

                                            Officer, Sadar, Bhagalpur, Respondent No.-4,

                                            passed in Complain 522318005072200119

                                            filed by the petitioner for settlement of lands
Patna High Court CWJC No.16688 of 2023(3) dt.20-04-2026
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                                  in question for her residential house and be

                                  further to quash the order dated 23.02.2023

                                  passed      by     First   Appellate     Authority,

                                  Bhagalpur, Respondent No.-3 who dismissed

                                  the appeal contained in Annexure-7 and

                                  thereafter quash the order dated 02.05.2023

                                  passed by Second Appellate Authority,

                                  Bhagalpur,          Respondent         No.-2    as

                                  communicated vide Letter No.- 981 dated

                                  02.05.2023        contained      in     Annexure-9

                                  dismissing the second appeal filed by the

                                  petitioner;

                                  (ii) for issuance of writ in the nature of

                                  mandamus commanding and directing the

                                  respondents concerned to settle the 4

                                  decimals of lands in question in her favour

                                  and to that effect issue 'parcha' in favour of

                                  the petitioner, who is residing on the land

                                  given 1990 by constructing 'Hut' on the

                                  lands alongwith children;

                                  (iii) for holding and declaration that

                                  petitioner deserves to get the lands in
         Patna High Court CWJC No.16688 of 2023(3) dt.20-04-2026
                                                    3/3




                                           question be settled in her favour by issuing

                                           Parcha as recommendation is already made

                                           by Anchal Adhikari, Shahkund;

                                           (iv) pass such other order or orders as deem

                                           fit and proper in the interest of justice..

                                3. After some argument, learned counsel for the

                   petitioner submits that he shall be approaching the respondent

                   authorities for the redressal of the grievance.

                                 4. Learned State counsel has no objection.

                                 5. In that background, the writ petition is disposed of

                   allowing the petitioner to agitate the matter before the

                   appropriate respondent authorities.



                                                 (Rajiv Roy, J)
Ravi/-

U


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