Patna High Court
Nizamuddin Miyan @ Nijamuddin AnsariversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The Court declined to issue mandamus and disposed of the petition, directing the petitioner to approach the Collector for a reasoned order.
Summary
Petitioner Nizamuddin Miyan sought a writ of mandamus directing various state officials to renew the settlement of a 70‑decimal land parcel (Khata No. 135, Plot No. 136) in Rohtas, whose 30‑year settlement under case No. 12/VIII/1982‑83 had expired. He claimed to have made timely representations to the Additional District Magistrate and Deputy Collector for renewal, but no action was taken. The Court, after hearing, noted that the petitioner intended to approach the Collector, Rohtas, within four weeks and that the State counsel raised no objection. Accordingly, the Court disposed of the writ petition, directing the petitioner to approach the Collector, who should issue a reasoned order on the matter. No mandamus was issued.
Issues considered
- Whether the petitioner is entitled to a writ of mandamus directing the renewal of the land settlement after the original settlement period has expired.
Subjects
- land settlement
- mandamus
- renewal of settlement
- administrative law
- Bihar Land Reforms
- writ petition
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5585 of 2026
======================================================
Nizamuddin Miyan @ Nijamuddin Ansari son of Muradan Miyan, Resident
of Village - Dehri, Anchal and P.O. and P.S. - Rajpur, District - Rohtas.
... ... Petitioner/s
Versus
1. The State of Bihar through the Additional Chief Secretary, Land Reforms
Department, Government of Bihar, Patna.
2. The Additional Chief Secretary, Land Reforms Department, Govt. of Bihar,
Patna.
3. The Director, Land Reforms Department, Govt. of Bihar, Patna.
4. The Divisional Commissioner, Patna Division, Patna.
5. The District Magistrate, Rohtas.
6. The Additional District Magistrate, Rohtas.
7. The Deputy Collector, Land Reforms, Bikramganj, Rohtas.
8. The Sub-Divisional officer, Bikramganj, Rohtas.
9. The Circle officer, Rajpur, Bikramganj, Rohtas.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashwani Kumar Tiwary, Advocate
For the Respondent/s : Mr. Madhaw Pd. Yadav, GP-23
Mr. Arvind Kumar, AC to GP-23
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 28-04-2026 Heard the parties.
2. The present petition has been preferred for the
following relief(s):
“for issuance of a writ in the nature of
Mandamus directing the respondents to renew the
settlement of the land bearing Khata No. 135, plot
No. 136 measuring area 70 decimal situated in
mauza Dehri, Anchal Rajpur, District-Rohtas in
favour of the petitioner as the said land had been
settled in favour of petitioner vide Settlement Case
Patna High Court CWJC No.5585 of 2026(2) dt.28-04-2026
2/2
No. 12/VIII/1982-83 for 30 years and now the period
of settlement was expired and during the settlement
period the petitioner made representation before the
Additional District Magistrate, Rohtas at Sasaram as
well as the Deputy Collector Land Reforms,
Bikramganj within time for renewal of the settlement
of the said land but no action has been taken. And/or
pass such other order/orders/relief /reliefs for which
the petitioner is found to be entitled in the facts and
circumstances of the case.”
3. After some arguments, learned counsel for the
petitioner submits that he shall be approaching the Collector,
Rohtas (respondent no. 5) in next four weeks.
4. Learned State counsel has no objection to it.
5. The writ petition stands disposed of directing the
petitioner to approach the Collector, Rohtas (respondent no. 5) in
next four weeks who shall be looking into the matter and shall
pass a reasoned order at an earliest.
(Rajiv Roy, J)
Adnan/-
U
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