Patna High Court
Surendra ShekharversusThe State Of Bihar and Ors
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The petition is disposed, directing the petitioner to approach the Collector, who shall coordinate with the revenue officer to resolve the issue.
Summary
The petitioner, Surendra Shekhar, filed a writ petition seeking a mandamus directing various revenue authorities of Bihar to issue a Parwana and land possession certificate, claiming that the Air Force had allotted the land to him and that he had settled on it. He alleged that despite his settlement, the authorities had not issued the required documents. The State of Bihar raised no objection to the petition. The Court, after hearing counsel, declined to issue the writ and instead directed the petitioner to approach the Collector of Gaya, who should call upon the relevant revenue officer and, after hearing the parties, resolve the matter. The petition was therefore disposed with the observation that the matter should be concluded at the earliest.
Issues considered
- What is the appropriate remedy for a petitioner seeking issuance of a Parwana and land possession certificate when the revenue authorities have not acted?
Subjects
- writ jurisdiction
- mandamus
- land possession
- Parwana
- revenue law
- administrative law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.18414 of 2018
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Surendra Shekhar Son of Sri Khemchand Prasad Resident of Village-Sahoda
Tola Maula Nagar,Ahcha,P.S. Atri,Distt.-Gaya ... ... Petitioner/s
Versus
1. The State Of Bihar
2. The Commissioner,Magadh Division,Gaya
3. The Collector cum Distt.-Magistrate,Gaya
4. The D.C.R.,Sadar Gaya,Distt.-Gaya
5. The Sub-divisional Officer,Nimchak Bathani,Subdivision,Distt.-Gaya
6. The Circle Officer,Anchal Atri,Distt.-Gaya
7. The Amin,Anchal Atri,Distt.-Gaya
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ajay Kumar Sinha, Advocate
For the Respondent/s : Mr.Raj Kishore Roy -Gp18
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
4 05-01-2026 Heard the parties.
2. The present petition has been preferred for the
following relief/s:
(i) for issuance of an appropriate writ/write,
in the nature of mandamus commanding to
the Respondent-Authorities the issue the
Parwana and Land possession certificate in
favour of the petitioner because petitioner
has already been settled and lived over the
suit land because Air Force allotted the
land;
(ii) for any other relief/reliefs to which the
Respondent no.5 and 6 direction and issue
Patna High Court CWJC No.18414 of 2018(4) dt.05-01-2026
2/2
the Parwana and land possession Certificate
in favour of the petitioner because Air Force
allotted the land in favour of the petitioner;
(iii) for any other relief/reliefs to which the
petitioner may be found entitled in the facts
and circumstances of the case.
3. After some argument, learned counsel for the
petitioner submits that it will suffice if the Collector, Gayaji
look into the matter and do the needful.
4. The State has no objection.
5. In that background, the writ petition is disposed
of allowing the petitioner to approach the Collector, Gayaji who
shall be calling upon the Revenue Officer and after hearing the
parties shall be taking the matter to its logical conclusion.
6. The writ petition is disposed of with the
aforesaid observation.
7. It is expected that the matter shall be disposed of
at an earliest.
(Rajiv Roy, J)
Ravi/-
U
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