Patna High Court
Shanti DeviversusThe State Of Bihar and Ors
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
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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