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Patna High Court

Shanti DeviversusThe State Of Bihar and Ors

Decided
Disposal
DISPOSED

Holding

The Court held that the petitioner may pursue alternate remedies and therefore disposed of the writ petition without granting the writ.

Summary

Shanti Devi filed a writ petition seeking a mandamus directing the respondents to correct the Chak Khatiyan and demand register entries that erroneously recorded land in the name of the Bihar Government instead of her exclusive possession of 6 decimal acres. She asserted that the land was in peaceful possession after her father‑in‑law’s death and that the records should reflect the correct area. The respondents opposed the relief and the petitioner’s counsel indicated that an alternate remedy would be pursued. The High Court, after hearing, granted liberty to the petitioner to avail the alternate remedy and disposed of the writ petition without ordering any correction. The Court further directed that if a fresh petition is filed within eight weeks, the decade‑long pendency should be taken into account when assessing limitation.

Issues considered

  • Whether the High Court can issue a writ of mandamus directing correction of land records
  • Whether the petition is barred by limitation due to the long pendency
  • Whether the petitioner must first pursue alternate remedies before approaching the court

Subjects

  • land record correction
  • mandamus
  • civil writ jurisdiction
  • limitation
  • property rights
  • Chak Khatiyan
  • demand register

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                             Civil Writ Jurisdiction Case No.8895 of 2017
                 ======================================================
                 Shanti Devi

                                                                                ... ... Petitioner/s
                                                         Versus
                 The State Of Bihar and Ors

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :          Mr. Md. Javed Jafar Khan, Adv.
                 For the Respondent/s   :          Mr. Dhurjati Kumar Prasad, GP-14
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

4   02-02-2026                  Heard the parties.

                               2. The present application has been preferred for the

                   following relief(s):

                                                         for issuance of an appropriate
                                            writ/s, order/s, direction/s including a writ
                                            preferably in the nature of Mandamus
                                            directing      and     commanding         upon    the
                                            Respondents to make necessary correction in
                                            Chak        Khatiyan       prepared        by     the
                                            Consolidation         Authorities   whereby      and
                                            where under land appertaining to Chak
                                            Khata No. 486, Chak Khesara No. 361, Area
                                            6 decimal has been recorded in the name of
                                            Anabad Bihar Sarkar in place of the
                                            petitioner     which      is   in   her    exclusive
                                            possession.
                                                         Further the respondents may be
                                            directed to make correction in demand
                                            Register wherein 3 decimal land has been
           Patna High Court CWJC No.8895 of 2017(4) dt.02-02-2026
                                                       2/2




                                            wrongly mentioned as 6 dec. in favour of the
                                            petitioner taking into the consideration that
                                            land in question is peaceful possession after
                                            the death of her father in law in whose
                                            favour land was settled by ex land lord.
                                                         The petitioner seeks indulgence of
                                            this Hon'ble court to grant him any other
                                            relief/s to which he is entitled in the facts and
                                            circumstances of the case.
                                 3.    After some argument, learned counsel for the

                     petitioner submits that he shall be availing alternate remedy.

                                 4. Granting said liberty, the writ petition is disposed

                     of.

                                 5. If the petition is preferred in next eight weeks, the

                     authority/Court concerned shall take into account that the writ

                     petition was pending before this Court for the last one decade

                     while taking up the limitation petition.



                                                   (Rajiv Roy, J)
Vijay Singh/-

U


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