Patna High Court
Ajay Shankar AwasthiversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
A revenue authority, upon receipt of a proper petition, must take the matter to its logical conclusion and cannot indefinitely postpone the correction of online land records against an established title.
Summary
The petitioners, Ajay Shankar Awasthi and Vijay Shankar Awasthi, obtained a decree in Title Suit No. 21 of 1980 confirming their title to land. They applied to the Circle Officer, Tekari, Gaya, to have the online records of rights corrected to reflect the physical records, but the authority failed to act and the petition remained pending since September 2025. The petition sought a writ directing the authority to prepare correct online records and to declare that it cannot alter entries against an established title. The High Court held that a revenue authority, once a proper petition is filed, must take the matter to its logical conclusion without undue delay. Accordingly, the Court directed the Circle Officer to notify all parties, hear them, examine the records and decide the matter within six months, noting that if an order has already been passed no further step is required. The writ petition was disposed with the said direction.
Issues considered
- Whether the revenue authority is obligated to correct the online records of rights to reflect the physical records established by a court decree
- Whether the authority has the power to alter entries in the online records against an established title
- Whether the authority must decide a pending petition within a reasonable time
Subjects
- writ jurisdiction
- land records
- online records of rights
- physical records of rights
- revenue authority duty
- Bihar
- Circle Officer
- correction of entries
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4507 of 2026
======================================================
1. Ajay Shankar Awasthi Son of Vimal Kishore Awasthi, Resident of Mohalla-
Bara Jagir, P.O- Guraru, Bara, Gaya, Pin- 824118.
2. Vijay Shankar Awasthi, Son of Vimal Kishore Awasthi, Resident of Mohalla-
Bara Jagir, P.O- Guraru, Bara, Gaya, Pin- 824118.
... ... Petitioner/s
Versus
1. The State of Bihar through the Additional Chief Secretary, Department of
Revenue and Land Reforms, Government of Bihar, Old Secretariat, Bailey
Road, Patna- 800015.
2. District Magistrate cum Collector, Gaya.
3. Sub-Divisional Officer, Tekari, Gaya.
4. Deputy Collector Land Reforms, Tekari, Gaya.
5. The Circle Officer, Tekari, Gaya.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Ms. Adya Pandey, Advocate
For the State : Mr. Government Pleader (13)
: Mrs. Shweta Anand, AC to GP-13
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 15-04-2026 Heard Ms. Adya Pandey, learned counsel for the
petitioners and learned counsel representing the State.
2. The present petition has been preferred for the
grant of following relief(s):
“(i) for issuance of an appropriate writ
directing the respondent authorities to prepare
the correct online records of rights in
accordance with the physical records of rights.
(ii) for direction and declaration that
Patna High Court CWJC No.4507 of 2026(2) dt.15-04-2026
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the respondent authority had no right to change
the entry in the online records of rights against
the established title and physical possession
already established through the physical/ offline
existing records of rights.
(iii) for any other relief(s) as Your
Lordship may deem fit and proper.”
3. Learned counsel for the petitioners submit that a
Title Suit No. 21 of 1980 was decided in favour of their family.
Armed with the said order, the petitioners moved before
appropriate Revenue Authority (the Circle Officer, Tekari, Gaya
Ji (respondent no.5) but the grievance is that it has not been
taken to its logical conclusion.
4. Learned State counsel submits that good or bad, the
concerned authority has to pass an order once an application
comes to his/her domain.
5. Learned State counsel submits that it will be taken
to its logical conclusion, at an earliest, after hearing all the
parties including the State government, if required.
6. This Court is of the view that when a proper
petition alongwith the documents are preferred before an
appropriate Revenue Authority, he/she has a duty to to take the
Patna High Court CWJC No.4507 of 2026(2) dt.15-04-2026
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same to its logical conclusion so that the parties, if aggrieved,
can take the matter to its logical conclusion. He/she cannot sit
over it for an indefinite period. It has been informed that the
petition is pending since September, 2025 before the Circle
Officer, Tekari, Gaya Ji.
7. In that background, the writ petition is disposed of
with a direction to the Circle Officer, Tekari, Gaya Ji to take up
the matter, notice all the parties including the State officials and
after hearing them and perusing the records, he/she shall take
the matter to its logical conclusion preferably within a period of
six months.
8. If an order has already been passed, no further step
has to be taken.
9. The writ petition is disposed of with the aforesaid
observation.
(Rajiv Roy, J)
vinayak/-
U
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