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Patna High Court

Tetari DeviversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The writ petition is dismissed as the petitioner failed to produce evidence of her claim and the matter is pending before another forum.

Summary

Tetari Devi, a BPL card holder, filed a writ petition seeking a mandamus directing the State authorities to issue a Basgit Parcha for land she claims under the Bihar Privileged Persons Homestead Tenancy Act, 1947, and to protect her from disturbance while residing there. She alleged that the District Magistrate failed to allot the land despite her applications filed in September 2025, and she also lodged a criminal complaint against private respondents for alleged disturbance. The State contended that she had already been allotted the land and that she had approached the district court, making the petition premature. The High Court observed that the petitioner offered no documentary evidence of her entitlement or of a dwelling on the land and noted the pendency of the criminal complaint. Consequently, the Court dismissed the writ petition, stating it could not grant the relief sought.

Issues considered

  • Whether the High Court can issue a writ of mandamus directing issuance of a Basgit Parcha in the absence of documentary proof of the petitioner’s entitlement.
  • Whether the pending criminal complaint precludes the Court from granting the relief sought in the writ petition.

Legislation cited

Subjects

  • BPL
  • homestead tenancy
  • mandamus
  • land allocation
  • administrative law
  • pending criminal complaint
  • Bihar Privileged Persons Homestead Tenancy Act

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Civil Writ Jurisdiction Case No.260 of 2026
                 ======================================================
                 Tetari Devi Wife of Degan Manjhi, Resident of Village Bujhayat, PS Sono,
                 District Jamui.

                                                                      ... ... Petitioner/s
                                                 Versus
           1.    The State of Bihar through the Secretary, Revenue and Land Reforms
                 Department, Government of Bihar, Patna.
           2.    The District Magistrate, Jamui.
           3.    The Block Education Officer, Chakai, District Jamui.
           4.    The Circle Officer, Sono, District Jamui.
           5.    Sachin Kumar, S/o Degan Manjhi, Resident of Village Bujhayat, PS Sono,
                 District Jamui.
           6.    Arvind Kumar, S/o Degan Manjhi, Resident of Village Bujhayat, PS Sono,
                 District Jamui.
           7.    Kundan Manjhi, S/o Degan Manjhi, Resident of Village Bujhayat, PS Sono,
                 District Jamui.
           8.    Munita Devi, S/o Degan Manjhi, Resident of Village Bujhayat, PS Sono,
                 District Jamui.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr.Satya Prakash Parasar, Advocate.
                 For the Respondent/s   :      Standing Counsel (16)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

2   20-01-2026                    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:-

                                              “For issuance of an appropriate writ, order or
                                  direction in the nature of mandamus commanding and
                                  directing the Respondent authorities to issue a proper
                                  Basgit Parcha in favour of the petitioner and the private
                                  respondents pertaining to Khata No. 54 Plot No. 594, 595
                                  area 43 decimal situated in Mouza-Bujhayat, Panchayat-
Patna High Court CWJC No.260 of 2026(2) dt.20-01-2026
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                          Naiyadih, Circle Sono, District Jamui under the provision
                          of the Bihar Privileged Persons
                          Homestead Tenancy Act, 1947 as the petitioner and private
                          respondents are a landless persons belongs to BPL family.
                                      (ii) For further direction to the Respondent
                          Authorities to provide protection against any disturbance
                          while residing in her dwelling house situated in the
                          aforesaid land unless and until the petitioner is suitably
                          rehabilitated in any other place as she is living over the
                          same since long with her family and children.
                                      (iii) And for any other reliefs) to which the
                          petitioner may be found entitled in the interest of justice.”

                      3. It is the case of the petitioner that she is a holder of

          valid BPL card and as such she becomes entitled for homestead

          land in accordance with the provision of the Bihar Privileged

          Persons Homestead Tenancy Act, 1947, but the State authorities

          in general and the District Magistrate in particular has failed to

          allot land to the petitioner who has claimed to be landless.

          Learned counsel further submitted that although a detailed

          representation has been filed before the District Magistrate,

          Jamui, for redressal of her grievance, but he has not acted on the

          same. The said application was filed on 10.09.2025 and

          subsequent to that on 16.09.2025 and then she filed complaint

          before the Chief Judicial Magistrate, Jamui against the private

          respondents not to disturb or dispossess the petitioner from the

          aforesaid land.

                      4. Mr. Pramod Kumar Singh, learned counsel

          appearing on behalf of the State submitted that in absence of

          any valid document having been brought on record by the
Patna High Court CWJC No.260 of 2026(2) dt.20-01-2026
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          petitioner along with the present writ petition that she was

          allotted permissible area of land appertaining to Khata No. 54,

          Plot Nos. 594, 595, area 43 decimal, situated in Mouza-

          Bujhayat, Panchayat- Naiyadih, Circle Sono, District Jamui, no

          order can be passed. He further submitted that the petitioner has

          already availed remedy before the District Court by filing a

          Complaint Case No. 11016(C) of 2025 on 08.09.2025, as

          admitted in Para-9 of the present application, it will be pre-

          mature to pass any order.

                      5. Heard the parties.

                      6. Having considered the rival submissions made on

          behalf of the parties, as well as, the fact that the petitioner is

          claiming as a privileged person having allotted some land

          appertaining to Khata No. 54, Plot Nos. 594, 595, area 43

          decimal, situated in Mouza-Bujhayat, Panchayat- Naiyadih,

          Circle Sono, District Jamui, but no document has been adduced

          along with the writ petition in support of the said claim of the

          petitioner that she has constructed a dwelling house over the

          said piece of land, as well as, the petitioner has admitted that she

          has filed a Complaint Case No. 1016C of 2025 on 08.09.2025,

          this Court is constrained to pass any order in respect of the relief

          as prayed for in the present writ petition.
          Patna High Court CWJC No.260 of 2026(2) dt.20-01-2026
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                                7. Accordingly, the writ petition stands disposed of.


                                                                  (Purnendu Singh, J)

mantreshwar/-

U


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