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Patna High Court

Hira DeviversusThe State of Bihar

Decided
Disposal
DISPOSED

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
                 ======================================================
                 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
                 ======================================================
                 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
                                                       3/3




                     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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