Patna High Court
Deji DeviversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PURNENDU SINGH
Holding
The petition was disposed of, granting the petitioner liberty to approach the District Magistrate with a representation for settlement, without ordering any immediate settlement or restraining order.
Summary
Deji Devi, a landless resident of Motihari, filed a writ petition seeking settlement and allotment of a 0.2¼ decimal portion of land she has occupied for over 30 years, and to restrain the authorities from removing her family pending a final decision. She requested the court to direct the State officials to make a sympathetic settlement and to prevent any action by the Anchal Adhikari to evict her. The court allowed her to file a detailed representation before the District Magistrate cum Collector for the relief sought. No substantive adjudication on the merits of the settlement claim was made. The petition was disposed of, with the District Magistrate directed to consider her representation expeditiously.
Issues considered
- What relief, if any, is available to a landless occupant who has resided on a parcel of land for more than 30 years under the land reform statutes?
- Whether the court can restrain the Anchal Adhikari from taking action to remove the petitioner pending settlement of the land.
Subjects
- land reform
- settlement
- habitation rights
- writ petition
- eviction
- district magistrate
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1688 of 2026
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Deji Devi W/o Sri Ravishankar Tiwari, a resident of Mohalla- Bhawanipur
Zirat, Near Block, P.O.- Motihari, P.S.- Chatauni, District- East Champaran.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of Land and
Revenue, Bihar, Patna.
2. The Principal Secretary, Department of Land and Revenue, Bihar, Patna.
3. The Collector, East Champaran at Motihari.
4. The Additional Collector, East Champaran at Motihari.
5. The Sub-Divisional Officer, Motihari Sadar, East Champaran.
6. The Deputy Collector Land Reform, Motihari Sadar, East Champaran.
7. The Anchal Adhikari, Sadar Motihari, East Champaran.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Nitesh Kumar, Advocate.
Mr. Sumit Kumar, Advocate.
For the State : Mr. Vivek Prasad, GP-7.
Mr. Sanjay Kumar, AC to GP-7.
Ms. Roona, Advocate.
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 03-02-2026 Heard learned counsel appearing on behalf of the
petitioner and learned counsel for the State.
2. The petitioner in paragraph no. 1 of the present writ
petition has sought, inter alia, following relief(s), which is
reproduced hereinafter:-
“i. To direct the respondents to take a
sympathetic decision for settlement / allotment of the 0.2 ¼
decimal land of part of Plot Nos. 129, 130, 134, 135, 136
and 137 under Khata No. 204 situated within Mauza-
Bhawanipur Zirat under Revenue Thana No.166 in the
district of Motihari, the petitioner being landless is residing
over it with her family after constructing hutment for more
than 30 years.
ii. To restrain the respondents particularly
Patna High Court CWJC No.1688 of 2026(2) dt.03-02-2026
2/2
respondent Anchal Adhikari, Sadar Motihari to take any
action or decision for removing the petitioner and her
family from the land in question till final decision of
settlement/allotment of the land in question.
iii. For grant of any other relief or reliefs for
which the petitioner is found entitled to in the facts and
circumstances of the case.”
3. Learned counsel appearing on behalf of the
petitioner seeks to file a detailed representation before the
District Magistrate cum Collector, East Champaran at Motihari
for the relief as prayed for in the present writ petition.
4. The writ petition stands disposed of with aforesaid
liberty to the petitioner to avail appropriate remedy in
accordance with law. The District Magistrate is directed to
consider the representation of the petitioner expeditiously.
(Purnendu Singh, J)
mantreshwar/-
U
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