Ayesha Khatoon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3156 of 2018 ====================================================== 1.1. Mohammad Kalam Ansari Son of Late Ayesha Khatoon, Resident of Village-Balihar, P.O. and P.S.-Surajpura, District-Rohtas. 1.2. Mohammad Salam, son of Late Ayesha Khatoon, Resident of VillageBalihar, P.O. and P.S.-Surajpura, District-Rohtas. 1.3. Mashowar Ali Son of Late Ayesha Khatoon, Resident of Village-Balihar, P.O. and P.S.-Surajpura, District-Rohtas.

1.4. Jaitan Bibi Wife of Late Essa Ansari, Daughter of Late Ayesha Khatoon Resident of Ward No. 14, Kashap Muhalla Jagdishpur, Bhojpur, Bihar802158. 1.5. Sarwari Khatun, Wife of Manoj Ansari, Daughter of Late Ayesha Khatoon Resident of Ward No. 02, Pachhim Patli, Rohtas, Bihar-802215. 1.6. Maherun Nesha, Wife of Yousuf Ansari, Daughter of Late Ayesha Khatoon Resident of H. No. 18, BL3, NO Railway Sidding, Bhatpura (M), North-24 Pargana Jagaldal, West Bengal-743125.

1.7. Naimun Nisha Wife of Rafi Ahmad Khan, Daughter of Late Ayesha Khatoon Resident of Muradabad Kalan, Muradabad, Sasaram, Rohtas, Bihar-821113. 1.8. Kaimun Khatun Wife of Naseem Ansari, Daughter of Late Ayesha Khatoon Resident of Village-Madaina, Post-Goshaldih, Gosal Dih, Rohtas, Goshaldih, Bihar-802212l.

... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Revenue Department. 2.

The Joint Director, Consolidation Headquaters Bihar, Patna. 3.

The Deputy Director, Consolidation, Rohtas at Sasaram. 4.

The Assistant Consolidation, Officer, Karagahar, District- Rohtas. 5.

The Circle Officer, Kochas, Sasaram, District- Rohtas. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mrs. Shweta Anand, Advocate :

Mr. Dr. Shashi Shekhar Kishore, Advocate For the State :

Mr. Dhurjati Kumar Prasad, GP-14 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 12-01-2026 Heard Mrs. Shweta Anand, learned counsel for the petitioner and Mr. Subodh Kumar Mishra, learned AC to GP-14 representing the State.

Patna High Court CWJC No.3156 of 2018(5) dt.12-01-2026 2/3

2. The present petition has been preferred for the grant of following relief(s):

"for issuance of a writ in the nature of a writ of mandamus commanding the respondents to mutated the land of the petitioner pursuant to the order passed by learned Court of Bihar Land Tribunal, Patna in B.L.T. Case No.- 1115/2017 with other analogous cases set aside the order passed by Consolidation Officer, Kotchas, Sasaram to mutated the land in the name of petitioner except those which she has sold by petitioner."

3. Armed with the order passed by the Bihar Land Tribunal dated 23.08.2017 in favour of the original writ petitioner, Ayesh Khatoon (since deceased), petition for mutation of the land was preferred before the respondent no.5, Circle Officer, Kochas, Sasaram.

4. The only thing, the Circle Officer, Kochas was expected to do was to take a decision in the matter. Instead, he/she sat over the mutation application preferred by the original writ petitioner forcing her to move before this Court. As recorded above, she is no more and now stands

Patna High Court CWJC No.3156 of 2018(5) dt.12-01-2026 3/3 replaced/substituted by the heirs.

5. A counter affidavit has come on behalf of the respondent no. 3 and 4. A perusal of the same would show that the entire facts of the writ petition has been incorporated in it without taking it further as to the step that the respondents intend to take.

6. In that background, this Court has no option but to allow the writ petition directing the Circle Officer, Kochas, Sasaram to immediately take a decision on any fresh petition/application preferred by the heirs of Ayesha Khatoon (as the lady who fought and won the battle in B.L.T. is no more), if the decision has not yet been taken.

7. Failure to do so by 31.03.2026, the Circle Officer, Kochas, Sasaram shall be paying Rs.10,000/- from his/her own pocket to the heirs of late Ayesha Khatoon.

8. The writ petition is disposed of with the aforesaid observation.

(Rajiv Roy, J) vinayak/- U