Patna High Court
Shila DeviversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The Court declined to issue a mandamus and directed the petitioner to seek relief from the Collector, leaving the matter to the administrative authority.
Summary
Shila Devi, a widow, filed a writ petition seeking a mandamus directing the State of Bihar and local officials to ensure her possession of a 3‑katha land parcel allotted to her deceased husband under the Bihar Privilege Persons and Homestead Tenancy Act. She alleged that private respondents had dispossessed her of the land. The petitioner’s counsel argued that earlier High Court orders required the Collector of Begusarai to address the grievance. The State counsel contended that the petition, if entertained, would proceed to its logical conclusion. The Court noted that the petitioner should approach the Collector within four weeks and that the Collector is expected to hear all parties and pass a reasoned order by year‑end. Consequently, the writ petition was disposed of without granting mandamus.
Issues considered
- What entitlement, if any, does the petitioner have to possession of the land under the Bihar Privilege Persons and Homestead Tenancy Act
- Whether the High Court can issue a writ of mandamus directing the Collector and other officials to protect the petitioner’s possession
Subjects
- land possession
- widow rights
- mandamus
- BPHT Act
- administrative law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5125 of 2026
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Shila Devi wife of Hakru Mochi, resident of village Barauni 1, ward no. 08,
P.S. Teghra, District- Begusarai.
... ... Petitioner/s
Versus
1. The State of Bihar through Principal Secretary, Department of Revenue,
Government of Bihar, Patna.
2. The District Collector, Begusarai.
3. The Additional Collector, Begusarai.
4. The Circle Officer, Teghra, District Begusarai.
5. Halka Karamchari, Barauni-1, Circle Office, Teghra, District - Begusarai.
6. Anchal Amin, Teghra Anchal, District- Begusarai.
7. Jugeshwar Mochi, son of Late Burhan Mochi, resident of village- Barauni
-1, ward no. 08, P.S. Teghra, District-Begusarai.
8. Jageshwar Mochi, Son of Late Daru Mochi, resident of village- Barauni -1,
ward no. 08, P.S. Teghra, District-Begusarai.
9. Jagdish Mochi, Son of Baten Mochi, resident of village- Barauni -1, ward
no. 08, P.S. Teghra, District-Begusarai.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Md. Ataul Haque, Advocate
For the Respondent/s : Mr.Subodh Kumar, SC (26)
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 21-04-2026 Heard the parties.
2. The present petition has been preferred for the
following relief/s:
(i) for issuance of a writ of mandamus or
any other appropriate writ, order or
direction to the respondents to ensure the
possession and protection of the entire land
of the petitioner provided to her husband
Patna High Court CWJC No.5125 of 2026(2) dt.21-04-2026
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(deceased) under Bihar Privilege persons
and homestead tenancy Act bearing purcha
case no. 147/70-71 containing area of 3
katha under mouza Barauni, Thana no. 335,
Tauzi no. 6553, khata no. 3310, khesra no.
873 as the private respondents with
inclusion of respondent no. 4 to 6
dispossessed the petitioner from the peaceful
possession of the land of the petitioner as
allotted to her husband granting purcha
under BPHT Act;
(ii) for grant of any other appropriate relief
or reliefs for which the petitioner may be
deemed entitled in the fact and
circumstances of the case.
3. After some argument, learned counsel for the
petitioner submits that in the light of earlier orders passed by the
Patna High Court, he shall be approaching the Collector,
Begusarai (respondent no.2) for the redressal of the grievance.
4. Learned State counsel submits that if such
petition is filed, it will be taken to its logical conclusion.
5. The petitioner is a widow and is fighting for her
Patna High Court CWJC No.5125 of 2026(2) dt.21-04-2026
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right.
6. This Court, in the background, expects that if
such petition is filed in next four weeks, the Collector,
Begusarai shall be taking up the matter after hearing all the
parties and pass a reasoned order at an earliest preferably by the
end of the year.
7. The writ petition is disposed of.
(Rajiv Roy, J)
Ravi/-
U
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