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Patna High Court

Pathal DeviversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The High Court held that the Sub‑Divisional Magistrate’s failure to act precludes the writ petition, and the petitioner must seek relief by filing a fresh petition before the SDM.

Summary

Pathal Devi, a senior citizen, filed a writ petition seeking a direction to remove an obstruction placed by private respondents (Nos.5‑7) that blocked access to her house from the public road. She claimed the obstruction disturbed her daily life and requested the court to order the respondents to provide an access way. The State counsel argued that she should have approached the Sub‑Divisional Magistrate (SDM) for redress. The petitioner contended that she had approached the SDM on 4‑12‑2025, but the officer failed to act. The court held that the SDM had indeed failed to discharge his statutory duty, and therefore the appropriate remedy was to approach the SDM again rather than the High Court. Consequently, the writ petition was dismissed, with the court directing the petitioner to file a fresh petition before the SDM, who must then adjudicate the matter.

Issues considered

  • Whether a writ petition is maintainable when an alternative administrative remedy under the Sub‑Divisional Magistrate is available.
  • Whether the failure of the Sub‑Divisional Magistrate to act on the petitioner’s grievance justifies dismissal of the writ petition.

Subjects

  • access road
  • obstruction
  • senior citizen
  • writ petition
  • administrative remedy
  • Sub‑Divisional Magistrate
  • High Court
  • civil writ jurisdiction

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  Civil Writ Jurisdiction Case No.76 of 2026
                 ======================================================
                 Pathal Devi W/o Late Surendar Pandey, Resident of Village- Haziapur, P.S.-
                 Sahpur, District- Patna, Bihar.

                                                                        ... ... Petitioner/s
                                                 Versus
           1.    The State of Bihar through the Principal Secretary Revenue Department
                 Patna, Bihar.
           2.    The District Magistrate, Patna.
           3.    The Sub Divisional Officer, Danapur, District Patna.
           4.    The Circle Officer, Sahpur, Patna.
           5.    Ramsharan Yadav, Son of not known Resident of village- Laxami Chak
                 Ushari, P.S.- Sahpur, District- Patna.
           6.    Arjun Singh @ Arjun Rai, Son of not known Resident of village- Laxami
                 Chak Ushari P.S.- Sahpur District- Patna.
           7.    Surendar Yadav, Son of not known Resident of village- Laxami Chak
                 Ushari, P.S.- Sahpur, District- Patna .

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Rakesh Kumar, Advocate
                                          :      Mr. Mritunjay Kumar Singh, Advocate
                                          :      Mr. Ghanshyam Choudhary, Avocate
                                          :      Mr. Vaibhav Vishal, Advocate
                 For the Respondent/s     :      Mr. Additional Advocate General (9)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   13-01-2026                    Heard the parties.

                                 2. The present petition has been preferred for the

                   grant of following relief(s):

                                                   “(i) for direction be issued to the

                                        respondents to grant of access the way of the

                                        petitioner home to approach the public road as

                                        such this way created obstacle by the front side

                                        land owner which is the respondent no. 5 to 7 of
Patna High Court CWJC No.76 of 2026(2) dt.13-01-2026
                                            2/3




                             the petitioner as same disturb the daily routine

                             life whereby where under land question (the

                             petitioner home) situated at Mouza-Jaipur

                             Hathiakandh, bearing Thana no. 31, Touzi no.

                             2837, Khata no. 98 Survey Plot no. 2933 due to

                             said obstruction by the private respondents the

                             petitioner has difficulty to out grace in grace in

                             her house.

                                          (ii) for direction be issued to the

                             respondents to accommodate the way of the

                             petitioner in favour of the Senior citizen (the

                             petitioner).

                                          (iii) for any other relief or reliefs as

                             your lordships may deem fit and proper in the

                             facts and circumstances of the case.”


                      3. The petitioner claims to own a piece of land but is

          being disturbed by the respondent nos. 5 to 7.

                      4. Learned State counsel submits that she should have

          approached the Sub-Divisional Magistrate, Danapur, Patna for

          the redressal of the grievance.

                      5. Learned counsel for the petitioner submits that

          earlier she moved before the Sub-Divisional Officer, Danapur,
            Patna High Court CWJC No.76 of 2026(2) dt.13-01-2026
                                                        3/3




                      Patna but he/she failed to look into the matter. A perusal of the

                      writ petition would show that (Annexure-P/3) has been attached

                      according to which on 04.12.2025, the Sub-Divisional

                      Magistrate, Danapur, Patna was approached.

                                  6. If a citizen is aggrieved and there is a forum and if

                      he/she prefers any application, the officer is duty bound to look

                      into the matter and take the same to its logical conclusion.

                      Respondent no.3, the Sub-Divisional Magistrate, Danapur, Patna

                      certainly failed in the matter.

                                  7. In that background, the writ petition is disposed of

                      allowing the petitioner to prefer a fresh petition before the

                      respondent no.3, the Sub-Divisional Magistrate, Danapur, Patna

                      who shall be taking up the said petition and after noticing,

                      hearing the parties, is duty bound to finally conclude the

                      proceeding and pass an appropriate order.



                                                    (Rajiv Roy, J)
vinayak/-

U


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