Patna High Court
Urmila Devi vs The State Of Bihar on 14 July, 2025
Author: Alok Kumar Pandey
Bench: Alok Kumar Pandey
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.10830 of 2025
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Urmila Devi Wife of Dinanath Sah, Resident of Village- Latiyahin, Police
Station- Adapur, District- East Champaran.
... ... Petitioner/s
Versus
1. The State of Bihar through The Additional Chief Secretary-cum-Principal
Secretary, Department of Revenue and Land Reforms, Bihar, Patna.
2. The District Collector, East Champaran at Motihari.
3. The Sub Divisional Officer, Raxaul, District- East Champaran.
4. The Circle Officer, Adapur, District- East Champaran.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Amit Bhushan, Advocate
Mr. Sanjay Kumar, Advocate
For the Respondent/s : Mr. Manoj Kr. Sinha, AC to GA 9
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CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
ORAL JUDGMENT
Date : 14-07-2025
Heard the parties.
2. In the instant petition, petitioner seeks
following relief(s):-
"For issuance of writ
preferable in the nature of mandamus
to the respondent authorities concern
to settle the land having Khata No. 4,
Kheshra No. 910, Area 10 Decimals,
Mauja Latiyahi, Circle - Adapur,
District East Champaran, having
nature of Gair Majarua (Khas) on
which the petitioner is residing for
more than 30 years after making a
Patna High Court CWJC No.10830 of 2025 dt.14-07-2025
hutment over it and government has
also sanctioned and issued 1st
installment of funds for making Home
under Prime Minister Housing
Scheme."
3. Learned counsel for the petitioner submits
that vide application dated 02.07.2016, petitioner has
represented before the Deputy Collector Land Reforms,
Raxaul, East Champaran (Annexure P/1) to settle the land
bearing Khata No. 4, Kheshra No. 910, Area 10 Decimals,
Mauja Latiyahi, Circle - Adapur, District East Champaran in
favour of the petitioner. He further submits that the
application of the petitioner was forwarded to Circle Officer,
Adapur to take lawful steps for settlement but no action has
been taken up till now. He further submits that the nature of
land in question is Gair Majarua (Khas) on which the
petitioner is residing for more than 30 years after making a
hutment over the said land. He further submits that
Government has also sanctioned and issued 1 st installment of
funds for construction of house under Prime Minister Housing
Scheme which could not be utilized as the authorities failed to
settle the said land in favour of the petitioner, as is evident
from Annexure P/3. He further submits that one Hoti Paswan
Patna High Court CWJC No.10830 of 2025 dt.14-07-2025
is trying to grab the said land and he has filed an
encroachment proceeding before the Circle Officer, Adapur
alleging encroachment of the said land in question by the
petitioner. Learned counsel submits that petitioner filed
another application before the Sub Divisional Officer, Raxaul
for settlement of the same piece of land in his favour, which
was inquired by the Executive Magistrate, Raxaul and in his
report he confirmed the possession of the petitioner over the
land in question and also reported that on the application of
the petitioner, Settlement Record No. 02 of 2017-18 is
pending. Learned counsel submits that the said case has not
been disposed of as yet.
4. Learned counsel for the State submits that
although petitioner has agitated his grievance earlier before
the concerned authorities, however, in case petitioner files
fresh representation raising all his grievances, the concerned
authority will look into the matter.
5. Considering the facts and circumstances of
the case and the submissions advanced on behalf of the
parties, the present writ petition stands disposed of with
liberty to the petitioner to file fresh representation,
highlighting all his grievances, as has been raised in the
Patna High Court CWJC No.10830 of 2025 dt.14-07-2025
present writ petition, before the competent authority within a
period of four weeks from the date of receipt of this order. If
such representation is filed within the stipulated period, the
competent authority shall pass appropriate order after giving
due opportunity of hearing to the parties concerned including
one Hoti Paswan within a reasonable period of time, in
accordance with law, without being prejudiced by the order
passed by this Court.
(Alok Kumar Pandey, J)
alok/-
AFR/NAFR NAFR
CAV DATE N/A
Uploading Date 15.07.2025.
Transmission Date N/A
