Patna High Court
Sakuntala DeviversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PURNENDU SINGH
Holding
The Court held that the Circle Officer must consider the petitioner's application and settle the land for her home within four weeks.
Summary
Sakuntala Devi, an SC/ST landless woman, filed a writ petition seeking a direction to the district authorities to settle a parcel of government land for her home, invoking a Bihar Government circular. She had previously applied to the Circle Officer on 20‑01‑2025, but no action was taken. The Court examined whether the authorities had failed to act in violation of land‑reform provisions applicable to SC/ST beneficiaries. It directed the Circle Officer to consider her application and resolve the grievance within four weeks, emphasizing the need to prevent harassment of a poor citizen. The petition was thereafter disposed, and a copy of the order was to be sent to the Secretary, Weaker Sections Society, Government of Bihar.
Issues considered
- Whether the district authorities failed to act on the petitioner's application for land settlement under the Bihar land‑reform scheme for SC/ST beneficiaries.
- Whether the High Court can issue a writ directing the Circle Officer to settle the land within a specified time.
Subjects
- SC/ST
- land reform
- writ jurisdiction
- Bihar Government circular
- land settlement
- government land
- home construction
- administrative inaction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.20090 of 2025
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Sakuntala Devi Wife of Basant Chaudhary, residing at Village- Badopur, P.O.-
Gordiha P.S. and Anchal- Rafiganj, Dist.- Aurangabad (Bihar) Pincode –
424125. ... ... Petitioner/s
Versus
1. The State of Bihar through Chief Secretary Govt. of Bihar Patna.
2. The Principal Secretary Land Reforms Department Government of Bihar
Patna.
3. The Commissioner Gaya (Bihar).
4. The District Magistrate Aurangabad Bihar.
5. The A.D.M Land Reform's department Aurangabad Bihar.
6. The S.D.O subdivision Aurangabad District Aurangabad Bihar.
7. The Circle Officer Anchal Rafiganj District- Aurangabad Bihar.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Amit Prakash, Advocate
For the Respondent/s : Standing Counsel (7)
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 05-01-2026 Heard learned counsel appearing on behalf of the
petitioner and the learned APP 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:-
“For a direction to the respondent number
4 to 7 to settle the land for home according to the
circular of Bihar Government. The petitioner is
belong to SC/ST and landless. She is residing on
government land having made a home from 48 year
bearing Khata Number 110 Plot No.1033 Area 4
dismal Thana Number 707 Anchal Rafiganj district
Aurangabad Bihar and after then she has taken a
electric line from electric department government of
Bihar in her name and she deposited the electronic
bill to the government.”
Patna High Court CWJC No.20090 of 2025(2) dt.05-01-2026
2/2
3. Learned counsel appearing on behalf of the
petitioner informs this Court that the petitioner belongs to SC
category, who has already filed an application on 20.01.2025
before the Circle Officer, Rafiganj (Aurangabad) for redressal of
her grievance but due to the reasons best known to the Circle
Officer concerned; no action has been taken on her application.
The application dated 20.01.2025 of the petitioner has been
brought on record by way of Annexure ‘P/2’.
4. The Circle Officer, Rafiganj (Aurangabad) is
hereby directed to consider the application of the petitioner and
redress her grievance, as prayed for in the present writ petition,
in accordance with law well within a period of four weeks from
the date of passing of this order without fail so that the poor
citizen can not be put in any harassment.
5. With the above observation/direction, the present
writ petition stands disposed of.
6. Let a copy of this order be forwarded to the
Secretary, Weaker Sections Society, Government of Bihar to
take necessary action.
(Purnendu Singh, J)
chn/-
U
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