Patna High Court
Ramashray ChaudharyversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RANA VIKRAM SINGH
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
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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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