Patna High Court
Jitendra Mohan SahaiversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SOURENDRA PANDEY
Holding
The District Magistrate must accept the petitioner's appeal and pass a reasoned order within three months.
Summary
Jitendra Mohan Sahai filed a writ petition challenging the non‑acceptance of his appeal against an order dated 17‑08‑2017 passed by the Land Reforms Deputy Collector, Rajgir. He sought a direction that the District Magistrate of Nalanda accept his appeal. The respondent’s counsel, an Assistant Collector to the Sub‑Collector, did not oppose the prayer, stating that the appeal is a statutory right. The Court held that the District Magistrate must accept the appeal and issue a reasoned order within three months, taking note of the petitioner's earlier writ filing. Accordingly, the writ petition was disposed with the said direction.
Issues considered
- Whether the District Magistrate is bound to accept the petitioner's appeal against the Land Reforms Deputy Collector's order.
- Whether the petitioner possesses a statutory right to have his appeal heard.
Subjects
- writ jurisdiction
- appeal acceptance
- statutory right
- district magistrate
- land reforms order
- civil writ petition
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.6767 of 2021
======================================================
Jitendra Mohan Sahai, Son of Kamla Sahai, Resident of Village Barhod, P.S.
Bind, District Nalanda, at present residing at 29A, Srikrishnapuri, Sahdeo
Marg, Patna- 800001.
... ... Petitioner/s
Versus
1. The State of Bihar through the Circle Officer, Silao Anchal, District
Nalanda.
2. District Magistrate, District Nalanda.
3. Land Reforms Deputy Collector, Rajgir, District Nalanda.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Prakash Sahay, Adv.
For the Respondent/s : Mr. AC to SC-19
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL JUDGMENT
Date : 01-04-2026
Heard the learned counsel for the parties.
2. The learned counsel for the petitioner submits
that the petitioner would be satisfied if the present writ
application is disposed of with a direction to the District
Magistrate, Nalanda (respondent No. 2) to accept his appeal,
whereby he has challenged the order dated 17.08.2017 passed
by the Land Reforms Deputy Collector, Rajgir, Nalanda.
3. The learned AC to SC-19 does not have any
objection to the aforesaid prayer. In fact, he submits that the
appeal is a statutory right available to the petitioner and it
Patna High Court CWJC No.6767 of 2021 dt.01-04-2026
2/2
cannot be denied.
4. In view of the aforesaid submissions, the present
writ application is disposed of with a direction to the District
Magistrate, Nalanda (respondent No. 2) to accept the appeal
preferred by the petitioner and pass a reasoned order, after
giving due opportunity of hearing to the parties concerned,
within a period of three months from the date of
receipt/production of a copy of this order.
5. The District Magistrate, Nalanda (respondent No.
2), while passing the order, shall consider the fact that the
petitioner had approached this Court in a writ petition and his
primary prayer was with respect to the fact that his appeal was
not being accepted by him.
6. With the aforesaid observation/direction, the writ
application stands disposed of.
7. Interlocutory application(s), if any, also stands
dispose of accordingly.
(Sourendra Pandey, J)
Praveen-II/-
AFR/NAFR NAFR
CAV DATE N/A
Uploading Date 02.04.2026
Transmission Date N/A
Checking your session…