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Patna High Court

SubhanversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The High Court directed the Additional Collector to dispose of the petitioner’s restoration application within one month of receipt of the order.

Summary

Subhan, the petitioner, filed a writ petition seeking a direction to the Additional Collector of Katihar (respondent No.4) to dispose of his restoration application dated 22‑01‑2025, which sought the restoration of Mutation Revision No. 281/2017 and had been dismissed for default on 10‑07‑2024. The petitioner relied on earlier judgments of this Court (CWJC No.15506 of 2025 and CWJC No.15160 of 2025) where the Court had ordered the same authority to decide similar restoration applications promptly. The Court examined the nature of the prayer, the precedent orders, and the need for speedy disposal of land‑record matters. It held that the petitioner was entitled to a timely decision and therefore directed the respondent to dispose of the restoration application within one month of receiving the order. The order was issued, directing compliance.

Issues considered

  • What relief can be granted by a writ court to compel a government official to dispose of a pending restoration application?
  • Whether the High Court can direct a specific time‑frame for disposal of the restoration application under the writ jurisdiction.

Subjects

  • writ jurisdiction
  • restoration application
  • mutation revision
  • land reforms
  • default dismissal
  • court direction
  • timely disposal

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Civil Writ Jurisdiction Case No.509 of 2026
                 ======================================================
                 Subhan Son of Salim, resident of Parbheli near Masjid, P.S.-Kadwa, District-
                 Katihar, Bihar-855105.

                                                                    ... ... Petitioner/s
                                              Versus
           1.    The State of Bihar through the Principal Secretary Land Reforms,
                 Government of Bihar, Patna.
           2.    The Collector, at Katihar, District-Katihar.
           3.    The Deputy Collector Land Reforms, at Barsoi, District-Katihar.
           4.    The Additional Collector, at Katihar, District-Katihar.
           5.    The Circle Officer, at Kadwa, District-Katihar.
           6.    Shekh Jainuddin, Son of Late Abdus Sattar, resident of Village-Parbheli,
                 Pargana-Kumaripur, P.S.-Kadwa, Sub-Registry-Katihar, District-Katihar.
           7.    Baharuddin, son of Late Siddique, resident of Village-Parbheli, P.S.-Kadwa,
                 District-Katihar.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :       Mr.Jitendra Kumar Giri
                 For the Respondent/s   :       Mr.Government Pleader (14)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                                       ORAL ORDER

2   20-01-2026          1. Heard the parties.

                        2. The petitioner has filed the present writ application for a

                   direction to the respondent no. 4 to dispose the restoration

                   application filed on 22.01.2025 in order to restore Mutation

                   Revision No. 281 / 2017 which was dismissed for default by

                   Additional Collector , Katihar vide order dated 10.07.2024.

                        3. Learned counsel for the petitioner submits that in

                   identical matter similar application for restoration was filed by

                   the petitioners on 22.01.2025 and a Co-ordinate Bench of this
           Patna High Court CWJC No.509 of 2026(2) dt.20-01-2026
                                                       2/2




                     Court in CWJC No. 15506 of 2025 & CWJC No. 15160 of

                     2025 has directed the respondent no. 4 to decide the petitioner’s

                     restoration application at the earliest.

                          4. Considering the nature of prayer made in the writ

                     application, the respondent no. 4 is directed to dispose the

                     restoration application of the petitioner dated 22.01.2025 within

                     a period of one month from the date of receipt / production of a

                     copy of this order.



                                              (Anil Kumar Sinha, J)
praful/-

U


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