Patna High Court
Sri Shri Thakur Ramchandra, Lakshmi Narayn, Shri Krishna Bhagwan ThakurbariversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RANA VIKRAM SINGH
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
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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
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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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