Patna High Court
Mina DeviversusThat the State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The Court directed the Collector, Darbhanga to conclude the pending appeal and ensure the mutation and related orders are effected by 30 June 2026.
Summary
Mina Devi filed a writ petition seeking a mandamus directing the Circle Officer to execute a 27 July 2023 order (Memo No. 573) for land ceiling parcha cancellation and to issue a rent receipt after mutation of her purchased land in Darbhanga. She also requested that the Collector dispose of Appeal No. 134/2023, which has been pending for two years, so that the mutation can be effected. The State counsel argued that the matter should be concluded at the earliest. The Court, after hearing, directed the Collector of Darbhanga to take the appeal to its logical conclusion, preferably by 30 June 2026, thereby ordering the administrative steps necessary for mutation and rent receipt. The petition was consequently disposed.
Issues considered
- What relief, if any, should be granted to compel the Circle Officer and Collector to execute the 27 July 2023 order and complete mutation of the petitioner’s land?
- Whether the Court can direct the Collector to dispose of the pending Appeal No. 134/2023 within a specified time.
Subjects
- land ceiling
- mutation
- mandamus
- administrative law
- pending appeal
- rent receipt
- civil writ jurisdiction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.766 of 2026
======================================================
Mina Devi W/o Late Shivnandan Paswan, Resident of village- Asma, Tole
Sakirna, Ward No. 17, Anchal and P.S.- Kusheshwar Asthan, District-
Darbhanga.
... ... Petitioner/s
Versus
1. That the State of Bihar through the Chief Secretary, Government of Bihar,
Patna.
2. The Additional Chief Secretary, Department of Revenue and Land Reforms,
Government of Bihar, Patna.
3. The Collector, Darbhanga.
4. The Additional Collector, Darbhanga.
5. The Deputy Collector, Land Reforms, Biraul, District- Darbhanga.
6. The Circle Officer, Kusheshwar Asthan, District- Darbhanga.
7. Debu Paswan, S/o Late Sukhdeo Paswan, Resident of village- Asma, Tole
Sakirna, Block and P.S.- Kusheshwar Asthan, District- Darbhanga.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Girish Chandra Jha, Advocate
For the Respondent/s : Mr. Vagisha Pragya Vacaknavi, AC to SC-9
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 22-01-2026 Heard the parties.
2. The present petition has been preferred for the
following relief(s):
“for issuance of appropriate
order/orders, direction/directions, writ/writs,
preferably in the nature of Mandamus,
commanding and directing the Respondent
authority concerned, in particularly, the Circle
Officer, Kusheshwar Asthan, District-Darbhanga
Patna High Court CWJC No.766 of 2026(2) dt.22-01-2026
2/3
(Respondent No.6) to forthwith execute the order
dated 27.07.2023 contained in Memo No. 573,
issued/passed by the Additional Collector,
Darbhanga in Land Ceiling Parcha Cancellation
Case No.53/2018-19 and issue rent receipt in
favour of petitioner after creating mutation of the
land appertaining to Khata No. 32 (old), old
Khesra No. 869, area 1 Bigha, Thana No.232 of
Mauza- Asma, Anchal-Kusheshwar Asthan,
District-Darbhanga which is purchased land of the
petitioner.
Alternatively, this Hon'ble Court may be
pleased to direct the Collector, Darbhanga to pass
appropriate order in Appeal No.134/223 preferred
by the Respondent No.7, Debu Paswan S/o Late
Sukhdeo Paswan, because due to pendency of the
same the Respondent No.6, the Circle Officer,
Kusheshwar Asthan is not creating the mutation of
the aforesaid purchased land of the petitioner. Any
other relief relief for which petitioner is found
entitled on the facts and in the circumstances of
this case.”
Patna High Court CWJC No.766 of 2026(2) dt.22-01-2026
3/3
3. The petitioner has come before this Court with a
limited prayer to direct the Collector, Darbhanga to dispose of
the Appeal Case No. 134/2023 which is pending for the last two
years.
4. Learned State counsel submits that the same shall
be taken to its logical conclusion at an earliest.
5. In that background, the writ petition stands
disposed of directing the Collector, Darbhanga (respondent no.
3) to take the matter to its logical conclusion, if still not
concluded, preferably by 30.06.2026.
(Rajiv Roy, J)
Adnan/-
U
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