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Patna High Court

Most. Ramdai DeviversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court directs the Collector, Darbhanga, to dispose of Appeal No. 40/2025 at the earliest, preferably by year‑end.

Summary

Petitioner Ramdai Devi filed a writ petition seeking an order directing the Collector of Darbhanga to dispose of Appeal No. 40/2025, which challenges the cancellation of a land mutation in her favour. The petition alleged that the mutation cancellation, effected by the Additional Collector, was illegal and that the pending appeal was being unduly delayed, threatening her ownership of the land purchased by a valid sale deed. The State counsel argued that the appeal should be concluded in accordance with law. The Court observed that repeated delays by revenue authorities compel litigants to approach the High Court and expressed its concern over such non‑disposal. Consequently, the Court disposed of the writ petition by directing the Collector to hear and dispose of the pending appeal at the earliest, preferably by the end of the year. No substantive discussion on the merits of the mutation cancellation was made.

Issues considered

  • Whether the High Court can issue a direction to the Collector to dispose of a pending appeal concerning land mutation cancellation.

Subjects

  • civil writ jurisdiction
  • land mutation
  • revenue law
  • directions to revenue officer
  • pending appeal

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.36 of 2026
                 ======================================================
                 Most. Ramdai Devi Wife of Late Satan Paswan, Resident of Village-Ashapur
                 Chowk, Majhaura, Police Station-Bahera and District-Darbhanga.

                                                                           ... ... Petitioner/s
                                                   Versus
           1.    The State of Bihar through the Principal Secretary, Department of Revenue
                 and Land Reforms, Government of Bihar, Patna.
           2.    The District Magistrate, Darbhanga.
           3.    The Additional Collector, Darbhanga.
           4.    The Deputy Collector Land Reforms, Darbhanga.
           5.    The Sub Divisional Officer, Benipur, Darbhanga.
           6.    The Circle Officer, Benipur, Darbhanga.
           7.    Mostt. Marzina Khatoon, Wife of Late Raji Anand @ Mahtab Khan,
                 Resident of Village-Ashapur Laxmipur, Police Station-Bahera, District-
                 Darbhanga.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr. Nilendu Kumar Choudhary, Advocate
                 For the Respondent/s   :      Mr. Government Advocate (5)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

3   04-05-2026                 Heard the parties.

                               2. The present petition has been preferred for the

                   following relief(s):

                                             “for      issuance    of    an     appropriate

                                  writ/writs, order/orders, direction/ directions to the

                                  Respondent No. 2 to dispose Appeal No. 40/2025

                                  which has been filed on 16.09.2025 against the

                                  order passed in Mutation Cancellation Case NO.

                                  13/2024-25 passed by the Additional Collector,
Patna High Court CWJC No.36 of 2026(3) dt.04-05-2026
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                          Darbhanga (Respondent No. 3) through which the

                          mutation of the land bearing Thana No. 154, Khata

                          No. 518 (New), Khesra No. 1950 (New) situated at

                          Mauza-Lakshmanpur running in the name of the

                          petitioner has been cancelled and further to direct

                          the authorities to maintain status quo on the land

                          as the private respondent after obtaining order

                          from the court of Additional Collector is trying to

                          dispossess the present petitioner from the land

                          which has been purchased by the petitioner

                          through valid sale deed and the matter is still sub-

                          judice and/or for any other relief or reliefs to

                          which the petitioner may be found entitled to in

                          course of hearing of this writ application.”

                      3. Mr. Nilendu Kumar Choudhary, learned counsel for

          the petitioner submits that a perusal of the prayer would show

          that for disposal of Appeal No. 40 of 2025 pending before the

          respondent no. 2, the Collector, Darbhanga, he has to come

          before this Court.

                      4. Learned State counsel submits that if it has not

          been concluded, it shall be taken to its logical conclusion.

                      5. This Court has repeatedly shown its anguish on the
          Patna High Court CWJC No.36 of 2026(3) dt.04-05-2026
                                                      3/3




                    fact that due to non disposal of a petition before Revenue

                    Authorities, the litigants have to move before the Patna High

                    Court and this is one of such cases.

                                6. Without commenting further, the writ petition

                    stands disposed of directing the respondent no. 2, the Collector,

                    Darbhanga to dispose of the Appeal No. 40 of 2025 pending in

                    his/her office, after hearing all the parties, in accordance with

                    law, at an earliest preferably by the end of this year.



                                                  (Rajiv Roy, J)
Adnan/-

U


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