Patna High Court
Mosmat Chanda DeviversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ALOK KUMAR SINHA
Holding
The court disposed of the writ application, granting liberty to file a representation and directing a time‑bound, reasoned disposal by the Collector, without deciding the substantive reliefs.
Summary
Mosmat Chanda Devi, a widow, filed a writ petition in the Patna High Court seeking directions to protect her life and property under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, to restrain the registration of certain lands, and to have a representation before the Collector disposed of under Article 352. The petition also named the State of Bihar, various officials and several private respondents. The court, after hearing counsel, noted that the petitioner was willing to file a fresh representation before the Collector and that the respondents raised no objection. Consequently, the court granted the petitioner liberty to file the representation within two weeks and directed the Collector to hear and dispose of it within six months, issuing a reasoned order. The writ application was therefore disposed without adjudicating the substantive reliefs sought.
Issues considered
- Whether the petitioner is entitled to a direction under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 to protect her life and property
- Whether the Registrar of Land should be restrained from registering the specified parcels of land
- Whether the representation filed before the Collector must be disposed of in accordance with Article 352 of the Constitution
- Whether the court can direct a time‑bound hearing and disposal of the representation
Legislation cited
- Constitution of India — s. Article 352
- Maintenance and Welfare of Parents and Senior Citizens Act, 2007 — s. Chapter 4, Rule 21
Subjects
- Maintenance and Welfare of Parents and Senior Citizens Act
- Senior citizens
- Land registration
- Writ petition
- Representation before Collector
- Time‑bound disposal
- Article 352
- Protection of life and property
- Patna High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.201 of 2024
======================================================
Mosmat Chanda Devi Wife of Late Kashi Nath Choudhary, resident of
Mohalla - Patel Nagar, Bikramganj, P.O. and P.S. Bikramganj, District -
Rohtas (Bihar).
... ... Petitioner/s
Versus
1. The State of Bihar through the Home Secretary, Government of Bihar,
Secretariat, Patna.
2. The Collector-cum-District Magistrate, Rohtas at Bikramganj.
3. The Registrar, Registration of Land, District - Rohtas at Bikramganj.
4. The Senior Superintendent of Police, District - Rohtas at Bikramganj.
5. The Superintendent of Police, District - Rohtas at Bikramganj.
6. The Deputy Superintendent of Police, Bikramganj, District - Rohtas.
7. Baban Choudhary, Son of Late Girija Nand Choudhary, resident of Anand
Nagar (near Hanuman Mandir), P.O. - Bikramganj, District - Rohtas, PIN -
802212.
8. Ramjee Choudhary, Son of Late Girija Nand Choudhary, C/o Seed
Processing Plant, Industrial Area, Bikramganj, PIN - 802212.
9. Jitendra Singh, son of Late Girija Nand Choudhary, C/o M/s. Dhiraj
Roadlines, Sidhgora Bazar, Jamshedpur, PIN - 831009.
10. Mosmat Asha Devi, W/o Late Akhileshwar Kumar, Ara Machine, Industrial
Area, Bikramganj, PIN 802212.
11. Brij Bihari Choudhary, S/o Late Girija Nand, C/o Seed Processing Plant,
Industrial Area, Bikramganj, PIN - 802212.
12. Dinesh Singh, S/o Late Girija Nand Choudhary, C/o M/s. Dhiraj Roadlines,
Sidhgora Bazar, Jamshedpur, PIN - 831009.
13. Ram Pravesh Choudhary, S/o Late Ram Gahan Choudhary, resident of
Shakha Maidan, Vidyapati Nagar, P.O. Baridih, District - East Singhbhum,
PIN - 831017.
14. Mosmat Kalawati Devi, W/o Late Mukhtar Choudhary, C/o Adarsh Printing
Press, Patel Nagar, Bikramganj, PIN - 802212.
15. Anup Kumar, S/o Late Mukhtar Choudhary, C/o Adarsh Printing Press, Patel
Nagar, Bikramganj, PIN - 802212.
16. Gorakh Kumar, S/o Late Mukhtar Choudhary, C/o Adarsh Printing Press,
Patel Nagar, Bikramganj, PIN - 802212.
17. Manoj Kumar, S/o Late Mukhtar Choudhary, C/o Adarsh Printing Press,
Patel Nagar, Bikramganj, PIN - 802212.
18. Saroj Kumar, S/o Late Mukhtar Choudhary, C/o Adarsh Printing Press, Patel
Nagar, Bikramganj, PIN - 802212.
19. Sudama Kumar, S/o Late Mukhtar Choudhary, C/o Adarsh Printing Press,
Patel Nagar, Bikramganj, PIN - 802212.
20. Mosmat Sahodri Devi, W/o Late Shiv Narayan Choudhary, resident of
Patna High Court CWJC No.201 of 2024(5) dt.03-07-2026
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Agrico Post Office, Road, Near Gas Godam (AGRICO), Jamshedpur,
District - East Singhbhum (Jharkhand), Pin Code- 831009.
21. Binod Kumar, S/o Late Shiv Narayan Choudhary, resident of Agrico Post
Office, Road, Near Gas Godam (AGRICO), Jamshedpur, District - East
Singhbhum (Jharkhand), Pin Code- 831009.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ajit Kumar Sinha, Adv.
For the Respondent/s : Mr.Government Advocate ( 10)
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
5 03-07-2026 Heard learned counsel for the petitioner, learned
counsel for the respondents-State and learned counsel for
private respondent no.7 to 19.
2. With the consent of the parties the present writ
application is disposed of at this stage.
3. In the present writ application the petitioner has
prayed for the grant of following reliefs:
“(i) For issuance of a direction to
the respondent authority to protect the life
and property as guaranteed under Chapter
-4, Rule 21 off the Maintenance and Welfare
of Parents and Senior Citizens Act, 2007.
(ii) For issuance of a direction to
the respondent No.3, the Registrar,
Registration of Land, not to register the land
bearing situated at (1) Bikaramganj (Patel
Nagar) under Khata no443, Khesra
No.1781, Thana No.500, area 7 Katha,
Anchal- Bikramganj, District- Rohtas; (2)
land situated at Purandarpur, Bikramganj
Anchal, District- Rohtas, under Khata
No.211, Khesra No.115, Thana No.552, area
43 decimal (15 decimal 28 decimal) and (3)
land situated at Sahejni, Bikaamganj
Anchal, under Khata No.110, Khesra
Patna High Court CWJC No.201 of 2024(5) dt.03-07-2026
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No.177, Thana No.518, area 15 decimal.
(iii) For issuance of a direction
that the representation filed by the petitioner
before the respondent No.2, the Registrar,
Registration of Land, Rohtas at Bikramganj
may be disposed of after considering the fact
and circumstances of this case as
contemplated under Article 352 of the
Constitution of India.
(iv) For any other relief/reliefs to
which the petitioner is found entitled to, may
be granted to the petitioner.”
4. After advancing some argument, learned counsel
for the petitioner submits that for seeking the aforesaid relief the
petitioner is prepared to file a fresh representation before the
Collector-cum-District Magistrate, Rohtas at Sasaram
(respondent no.2) and further prays that an appropriate direction
be given to the Collector-cum-District Magistrate, Rohtas at
Sasaram to dispose of her representation within a fixed time
frame, after giving an opportunity of hearing to the petitioner
and other concerned parties.
5. To the aforesaid prayer being made by learned
counsel for the petitioner, learned counsel appearing for
respondent parties do not have any objection.
6. Considering the limited nature of prayer being
made by learned counsel for the petitioner, the present writ
application is disposed of granting liberty to the petitioner to file
a representation within two weeks before the Collector-cum-
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District Magistrate, Rohtas at Sasaram. If such representation is
filed the same shall be heard and disposed of by the Collector-
cum-District Magistrate, Rohtas at Sasaram within a further
period of six months from the date of receipt of representation,
after hearing the petitioner as well as other concerned parties
which will include respondent no.7 to 19. Needless to
emphasize that the final order which shall be passed by the
Collector-cum-District Magistrate, Rohtas at Sasaram should be
a speaking and reasoned order.
7. With the aforesaid observation, direction and
liberty granted, the present writ application stands disposed of.
Pending I.As, if any will be deemed to have been disposed of.
(Alok Kumar Sinha, J)
Prakash Narayan
U
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