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Patna High Court

Deji DeviversusThe State of Bihar

Decided
Disposal
DISPOSED

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
                 ======================================================
                 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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