Patna High Court
Parmanand MahtoversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The Court directed the Collector, Sitamarhi, to conclude the two Basgit Purcha appeals by the end of the year.
Summary
Parmanand Mahto filed a writ petition in the Patna High Court seeking a direction to the Collector of Sitamarhi to dispose of two pending Basgit Purcha appeals (Nos. 34/2019 and 65/2019) that were filed in 2019 against orders dated 4 February 2017 and 30 July 2016 concerning land parcels in Bhaluaha village. The appeals relate to the issuance of Basgit Purcha by the Circle Officer, Sonbarsa, in favour of private respondents, which the petitioner contends remain unresolved. The State counsel argued that the matters are pending and will be concluded in due course. The Court, noting the limited prayer and the parties' consent, directed the Collector to take steps to ensure that the two appeals are finally decided by the end of the calendar year. Accordingly, the writ petition was disposed of with the said observation.
Issues considered
- Whether a High Court can issue a writ directing the Collector to dispose of pending administrative appeals within a specified time.
Subjects
- writ jurisdiction
- administrative law
- land acquisition
- Basgit Purcha
- direction to collector
- pending appeals
- speedy disposal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5080 of 2024
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Parmanand Mahto Son of Ramvali Mahto @ Rambali Mahto, Resident of
Village- Bhaluaha, P.S. - Kanhauli, District- Sitamarhi.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary Land and Revenue
Department, Bihar, Patna.
2. The District Magistrate cum Collector, Sitamarhi.
3. The Circle Officer, Circle- Sonbarsa, P.S. - Sonbarsa, District - Sitamarhi.
4. Anju Kumari, Wife of Sanjay Mahto, Resident of Village- Bhaluaha, P.S.
Kanhauli, District - Sitamarhi.
5. Punita Devi, Wife of Uttam Shankar Mahto, Resident of Village- Bhaluaha,
P.S. - Kanhauli, District- Sitamarhi.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Virendra Kumar, Adv.
For the Respondent/s : Mr. Government Pleader (10)
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 21-04-2026 Heard the parties.
2. The present application has been preferred:
for issuance of the appropriate
writ/ writs/ direction/ directions/order/
orders commanding the Collector Sitamarhi
(Respondent no.2) to dispose of the case
connection with Basgit Purcha Appeal No.
34/2019 and Basgit Purcha Appeal No.
65/2019 finally, within reasonable time,
which appeals have been filed by the
petitioner in year 2019 against the order
dated 04.02.2017 passed in Basgit Purcha
Case No. 13/2016-17, and order dated
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30.07.2016, passed in Basgit Purcha Case
No. 15/2016-17 by the Circle Officer
Sonbarsa (Respondent no.3) whereby and
whereunder the Circle Officer Sonbarsa has
issued Basgit Purcha in respect of some part
of petitioner's purchased land infavour of the
private respondents (Respondent no.4 & 5),
which plots are situated in village- Bhaluaha
Thana No.49, P.S. & Anchal-Sonbarsa,
District- Sitamarhi, bearing RSP No. 1837,
and RSP No. 1838/2644 under Khata No.
581.
3. The petitioner has come before this Court with a
simple prayer, to dispose of the Basgit Purcha Appeal No. 34 of
2019 and Basgit Purcha Appeal No. 65 of 2019 pending before
the Collector, Sitamarhi against the order dated 04.02.2017
passed in Basgit Purcha Case No. 13. 2016-17 and an order
dated 30.07.2016 in Basgit Purcha Case No. 15/2016-17 by the
Circle Officer, Sonbarsa.
4. Learned State Counsel submits that the matter is
presently pending and shall be taken to its logical conclusion.
5. In view of the limited prayer that has been put
forward by the learned counsel for the petitioner, with the
consent of the parties, the writ petition is disposed of directing
the Collector, Sitamarhi (respondent no. 2) to take steps and if
Patna High Court CWJC No.5080 of 2024(2) dt.21-04-2026
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not concluded, both the appeals must be concluded by the end of
this year.
6. The writ petition is disposed of with aforesaid
observation.
(Rajiv Roy, J)
Vijay Singh/-
U
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