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Patna High Court

Sri Shri Thakur Ramchandra, Lakshmi Narayn, Shri Krishna Bhagwan ThakurbariversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court held that the Collector must direct the appellate authority to accept, list, and hear the appeal against the Circle Officer's orders.

Summary

The petitioners, landowners in Mouza‑Betari, sought to appeal orders of the Circle Officer, Bhabua, relating to land revenue matters, but the Divisional Commissioner of Land Records (DCLR) repeatedly refused to accept the appeal and sent it back to the Circle Officer. The petitioners filed a writ petition alleging denial of their statutory right to appeal and a callous administrative approach by the respondents. The High Court examined whether the appellate authority is obligated to accept and list the appeal under the applicable revenue provisions. It held that the Collector, as the revenue head of the district, must ensure that the appellate authority accepts the appeal, lists it, and hears it on its merits. Accordingly, the Court directed the Collector, Kaimur, to issue necessary instructions within three weeks and disposed of the writ application with those directions.

Issues considered

  • Whether the petitioner has a legal right to prefer an appeal against the orders of the Circle Officer under the revenue law.
  • Whether the Divisional Commissioner of Land Records is bound to accept and list such an appeal.
  • Whether the Collector can be directed to intervene to ensure the appeal is heard.

Subjects

  • land revenue
  • appeal
  • circle officer
  • divisional commissioner
  • writ jurisdiction
  • administrative law
  • right to appeal
  • revenue law

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.8565 of 2026
                 ======================================================
           1.     Sri Shri Thakur Ramchandra, Lakshmi Narayn, Shri Krishna Bhagwan
                  Thakurbari Gram-Betari, P.S. and District-Bhabhua through its President of
                  the managing committee Shri Rajnish Mehrotra.
           2.    Rajnish Mehrotra, S/O late Ram Nath Mehrotra, resident of Gram-Betari,
                 P.S. and District-Bhabhua.

                                                                         ... ... Petitioners
                                                  Versus
           1.    The State of Bihar Through the Additional Chief Secretary cum Principal
                 Secretary, Department of Revenue and Land Records. Government of Bihar,
                 Patna.
           2.    The Additional Chief Secretary cum Principal Secretary, Department of
                 Revenue and Land Records, Government of Bihar, Patna.
           3.    The Commissioner, Patna.
           4.    The District Magistrate, Kaimur, Bhabhua, Bihar.
           5.    The Deputy Collector Land Records, Bhabhua, District-Kaimur, Bihar.
           6.    The Circle Officer, Bhabhua, District-Kaimur, Bihar.

                                                           ... ... Respondents
                 ======================================================
                 Appearance :
                 For the Petitioners   :      Mr. Vinay Krishna Tripthy, Adv.
                 For the Respondents   :      Mr. Nadim Seraj, G.P.5
                                              Mr. Shailesh Kumar, A.C. to G.P.5
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RANA VIKRAM SINGH
                                       ORAL ORDER

2   29-06-2026
                               1. Heard the parties.

                               2. The petitioner has approached this Court with a

                   very limited grievance that his incessant attempts to get the

                   appeal filed against the various orders passed by Circle Officer,

                   Bhabua in Parimarjan matters in connection with land situated

                   in Mouza-Betari, Thana No. 357, Khata No. 99, Area 20.07

                   acres are not being accepted by the appellate authority i.e.,
Patna High Court CWJC No.8565 of 2026(2) dt.29-06-2026
                                            2/3




          DCLR, Kaimur at Bhabua.

                       3. The Annexures enclosed with the writ application

          reflect that though attempts have been made to file the appeal

          but instead of accepting the appeal, the DCLR has referred the

          matter again back to the Circle Officer, Bhabua. When the

          petitioner     filed     an    application     before   the   Divisional

          Commissioner, Patna having jurisdiction over the district,

          surprisingly he also forwarded his application to Additional

          Collector, Kaimur at Bhabua vide memo no. 218 dated

          07.03.2026.

                       4. It is being contended on behalf of the petitioner that

          on account of callous approach on behalf of the respondents, he

          has practically been left remediless. In the law he has all legal

          right to prefer an appeal against any order passed by the Circle

          Officer. In the case at hand, orders have been passed by Circle

          Officer which is appealable in nature in terms of the legal

          provisions, but those appeals are not even accepted, much the

          less of being heard.

                       5. In these circumstances, the Collector, Kaimur at

          Bhabua is directed to look into the matter and take all necessary

          steps within three weeks from the date of communication of this
           Patna High Court CWJC No.8565 of 2026(2) dt.29-06-2026
                                                       3/3




                     order to instruct his subordinates and that too the appellate

                     authority in the instant matter to accept the appeal, get it listed

                     and be heard on merit.

                                 6. Being revenue head of the District, the Collector is

                     duty bound to look into all these matters without making any

                     person, much less the petitioner, to run from pillar to post to get

                     their matter heard against the orders passed by the Circle

                     Officer.

                                 7. With these directions, the writ application is

                     disposed off.

                                 8. All pending interlocutory application(s), if any,

                     stand/s disposed off.




                                             (Rana Vikram Singh, J)
smriti/prakash-

U


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