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Patna High Court

Ramashray ChaudharyversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The writ court may direct the Collector to dispose of the pending representation and issue the certified copy of the khatiyan, subject to payment of the prescribed fee.

Summary

The petitioner, Ramashray Chaudhary, filed a writ petition seeking a direction to the Darbhanga Collector to issue a certified copy of the entire khatiyan of his land in Thana No. 206, Mauja‑Lagma. He alleged that despite a requisition and a representation dated 13‑06‑2026, the authority had not supplied the certified copy. The State argued that the relief sought amounted to converting the writ court into an executive body, which is impermissible. The Court observed that a writ, particularly mandamus, may be issued to compel a public authority to perform a legal duty when a valid claim exists, and that the petitioner’s prayer was limited to directing the Collector to dispose of his pending representation. Accordingly, the Court directed the Collector to adjudicate the representation within four weeks and to issue the certified copy upon payment of the prescribed fee. The writ application was therefore disposed of with these directions.

Issues considered

  • Whether a writ court can issue a direction to a revenue officer to supply a certified copy of a khatiyan under the writ jurisdiction.
  • Whether the petitioner’s prayer amounts to an impermissible conversion of the writ court into an executive authority.

Subjects

  • Writ jurisdiction
  • Mandamus
  • Khatiyan
  • Land records
  • Revenue law
  • Administrative law
  • Government record fee

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                             Civil Writ Jurisdiction Case No.9967 of 2026
                 ======================================================
                 Ramashray Chaudhary S/o Chandra Mohan Chaudhary, R/o- Village- Lagma
                 Rambhadar, P.O.- L. Rambhadrapur, Sub District- Tardih, District-
                 Darbhanga.

                                                                           ... ... Petitioner/s
                                                  Versus
           1.    The State of Bihar through Principal Secretary, Revenue and Department,
                 Government of Bihar, Patna.
           2.    The District Magistrate-cum-Collector, Darbhanga.
           3.    The Additional Collector, Darbhanga.
           4.    The Deputy Collector-cum-Information Officer, District Record Room,
                 Darbhanga Collectorate, Lahariayasari, Darbhanga.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :     Mr. Akash Chaturvedi, Advocate
                 For the Respondent/s   :     Mr. Manish Kumar, GP 4
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RANA VIKRAM SINGH
                                       ORAL ORDER

2   09-07-2026                    By filing supplementary affidavit, learned counsel

                   for the petitioner brings on record the application dated

                   13.06.2026 filed before the Collector, Darbhanga. The hard

                   copy of the supplementary affidavit is accepted and is taken on

                   record.

                                   2. The petitioner has come to this Court with a

                   unique prayer for issuance of a direction to the concerned

                   respondent for supplying of the certified copy of entire khatiyan

                   of cadastral survey with respect to land situated in Thana No.

                   206, Mauja- Lagma, Anchal- Manigachi, Darbhanga. He

                   submits that in-spite of filing requisition for issuance of
Patna High Court CWJC No.9967 of 2026(2) dt.09-07-2026
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          certified copy of the aforesaid khatiyan, the same has not been

          supplied to him till date. Being aggrieved,           he filed a

          representation on 13.06.2026 before the Collector, Darbhanga

          highlighting his grievance with a prayer to direct the concerned

          authority to issue the certified copy of khatiyan as prayed by

          him.

                          3. Learned counsel for the State Mr. Manish

          Kumar submits that in view of the reliefs as prayed in this writ

          application, it may be dismissed with cost because by filing the

          present writ application for the relief as prayed for, the writ

          petitioner has, infact, attempted to convert the writ court into

          that of an executive authority which is impermissible in the eyes

          of laws.

                          4. “The object of a writ” is to serve as an extra

          judicial order commanding and directing a public authority,

          officials or any authority subordinate to it to perform a specific

          action, restrain any illegal activity and to control, restrict and

          correct abuse and misuse of power. The primordial object of it

          to provide a swift and expeditious constitutional remedy to the

          aggrieved person/persons in order to protect his or their

          individual rights. It is well settled in law that a writ Court

          cannot be converted into a fact finding Court or a Court of an
Patna High Court CWJC No.9967 of 2026(2) dt.09-07-2026
                                            3/4




          executive nature. Under writ jurisdiction the Court can only

          decide issues which are not in dispute and which directly

          infringes a legal statutory as well as fundamental rights of the

          person/petitioner, who approaches the Court.

                          5. A writ or mandamus could only be issued where

          a claim has been made based on the sound legal principles and

          that too before the competent authority which failed to discharge

          its duty in accordance with law. In other words, by issuing a writ

          of mandamus the public officials or authority are compelled and

          mandated to perform their mandatory legal duties which they

          are duty bound to discharge.

                      6. Since learned counsel for the petitioner has

          restricted himself to the prayer for a direction to the concerned

          Collector for disposal of his representation which has been

          brought on record by filing supplementary affidavit so this

          submission so made on the behalf of the petitioner, learned

          counsel for the State also did not object. In this backdrop this

          writ application is disposed off with a direction to the Collector,

          Darbhanga to dispose of the representation of the petitioner

          dated 13.06.2026 within a period of four weeks henceforth by a

          reasoned, speaking and properly adjudicating order, so that

          matter could end once and for all.
          Patna High Court CWJC No.9967 of 2026(2) dt.09-07-2026
                                                      4/4




                                7. It goes without saying that for issuance of certified

                    copy of any of the government record, certain fees has been

                    prescribed in the rule. So petitioner will get the certified copy of

                    the same, if he is found entitled too by the Collector, only after

                    deposit of the requisite fee in terms of the extant rules.

                                8. The writ application is disposed of with the

                    aforesaid directions.

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

                    stand/s disposed off


                                                                   (Rana Vikram Singh, J)
Rakesh/Prakash-

U


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