Patna High Court
Most. Ramdai DeviversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
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
2/3
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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