Patna High Court
Hira DeviversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The Court held that the Additional Collector is duty‑bound to dispose of the pending Settlement Appeal No. 121 of 2018 and may be compelled by a writ of mandamus to do so.
Summary
Hira Devi filed a writ petition seeking a mandamus directing the Additional Collector, Muzaffarpur, to dispose of Settlement Appeal No. 121 of 2018 concerning a 22‑decimal land parcel (Khata No. 3236, Khesra No. 11241) that she uses for ingress and egress to her dwelling. The appeal, pending since December 2018, involves land that the S.D.O. had allegedly settled in favour of private respondents under a 2002 order, despite being public land. The State counsel argued that the appeal, if not disposed, would be taken to its logical conclusion. The Court held that once a case is pending and notices have been issued, the concerned administrative authority is duty‑bound to bring it to a logical conclusion and may be compelled by mandamus. Accordingly, the Court directed the Additional Collector to dispose of the appeal by the end of the calendar year, thereby disposing of the writ petition.
Issues considered
- Whether a writ of mandamus can be issued to compel the Additional Collector to dispose of a pending settlement appeal.
- Whether the administrative authority has a duty to take a pending case to its logical conclusion.
- Whether the petitioner’s right to ingress and egress to her dwelling can be protected through judicial intervention.
Subjects
- mandamus
- settlement appeal
- land reform
- public land
- administrative duty
- writ jurisdiction
- ingress and egress
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5822 of 2026
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Hira Devi Wife of Kailash Sahni, Resident of Village- Thalwara, P.O. and
P.S.- Gaighat, District- Muzaffarpur.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary Revenue and Land
Reforms Dept. Government of Bihar, Patna.
2. The Collector, At Muzaffarpur, District- Muzaffarpur.
3. The Additional Collector, At Muzaffarpur, District- Muzaffarpur.
4. The Superintendent of Police, At Muzaffarpur, District- Muzaffarpur.
5. The Deputy Collector Land Reforms, At Muzaffarpur, District- Muzaffarpur.
6. The Circle Officer, Gaighat, District- Saharsa, Muzaffarpur.
7. The SHO, Gaighat Police Station, District- Muzaffarpur.
8. Suresh Sahni, Son of Badri Sahni, Resident of Village- Bharwara, P.O. and
P.S.- Gaighat, Anchal- Gaighat, Registry- Katra, Subdivision- Muzaffarpur
East, District Muzaffarpur.
9. Shatrudhan Sahni, Son of Badri Sahni, Resident of Village- Bharwara, P.O.
and P.S.- Gaighat, Anchal- Gaighat, Registry- Katra, Subdivision-
Muzaffarpur East, District Muzaffarpur.
10. Braj Mohan Sahni, Son of Badri Sahni, Resident of Village- Bharwara, P.O.
and P.S.- Gaighat, Anchal- Gaighat, Registry- Katra, Subdivision-
Muzaffarpur East, District Muzaffarpur.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Jitendra Kumar Giri, Adv.
For the Respondent/s : Mr. Government Pleader 17
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CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 04-05-2026 Heard the parties.
2. The present application has been preferred:
for issuance of a writ in the nature
of "Mandmus" commanding and directing
the state respondents particularly the
Additional Collector, At Muzaffarpur,
District- Muzaffarpur to dispose off the
Patna High Court CWJC No.5822 of 2026(2) dt.04-05-2026
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Settlement Appeal Case no.- 121/2018 which
is subject matter of the land bearing Khata
no.- 3236, appertaining Khesra no. 11241
measuring total area of land 22 decimals,
falling within mauza Jarang Thalwara,
Thana No. 163, Block- Gaighat, District-
Muzaffarpur and the aforesaid Settlement
Appeal Case No. 121/2018 which is still
pending consideration since 06.12.2018. And
further prayer of the aforesaid petitioner is
to command and direct the state respondents
as well as the private respondents
hereinabove to facilitate the egress and
ingress of the aforesaid petitioner to her
dwelling house which is done through the
aforesaid land which is admittedly the public
land but the S.D.O., East Muzaffarpur had
illegally settled the aforesaid land in favour
of the private respondents mentioned above
vide order dated 17.12.2002 passed in
Settlement Case No. 07/2002-03.
3. A perusal of the prayer would show that the
petitioner has come with a simple prayer to dispose of the
Settlement Appeal No. 121 of 2018 pending before the
respondent no. 3, the Additional Collector, Muzaffarpur.
4. Learned State Counsel submits that if it has not
been disposed of, will be taken to its logical conclusion.
5. This Court is of the opinion that when a case is
Patna High Court CWJC No.5822 of 2026(2) dt.04-05-2026
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pending, after issuance of notices to the parties, hearing them,
the concerned respondents is/are duty-bound to take it to a
logical conclusion.
6. In that background, the writ petition is disposed of
directing the concerned respondent, Additional Collector,
Muzaffarpur to dispose of the Settlement Appeal No. 121 of
2018 if still not disposed of by the end of this year.
(Rajiv Roy, J)
Vijay Singh/-
U
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