Chataiya Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5830 of 2024 ====================================================== Chataiya Devi Wife of Late Ramekwal Ram, Resident of Mohalla-Yarpur, P.S.-Gardanibagh, Patna G.P.O., Patna, Bihar, Pin-800001. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Government of Bihar. 2.

The Principal Secretary, Department of Revenue and Land Reforms, Government of Bihar, Patna.

3.

The Commissioner, Darbhanga.

4.

The District Magistrate cum Collector, Madhubani. 5.

The SDO, Madhubani.

6.

DCLR, Madhubani.

7.

The Circle Officer, Rahika, District-Madhubani. 8.

Raj Kumar Bari, son of Late Satto Ram Bari, resident of Bari Tola, P.O.- Bhauara, P.S.-Town, District-Madhubani, Pin-847212. 9.

Shiv Kumar Bari, son of Late Satto Ram Bari, resident of Bari Tola, P.O.- Bhauara, P.S.-Town, District-Madhubani, Pin-847212. 10.

Binod Bari, son of Late Satto Ram Bari, resident of Bari Tola, P.O.-Bhauara, P.S.-Town, District-Madhubani, Pin-847212.

11.

Ramashish Ram Bari, son of Late Devi Ram Bari, resident of Bari Tola, P.O.-Bhauara, P.S.-Town, District-Madhubani, Pin-847212. 12.

Asesar Ram Bari, son of Late Devi Ram Bari, resident of Bari Tola, P.O.- Bhauara, P.S.-Town, District-Madhubani, Pin-847212. 13.

Bajju Ram Bari, son of Late Devi Ram Bari, resident of Bari Tola, P.O.- Bhauara, P.S.-Town, District-Madhubani, Pin-847212. 14.

Mahesh Ram Bari son of Late Sita Ram Bari, resident of Bari Tola, P.O.- Bhauara, P.S.-Town, District-Madhubani, Pin-847212. 15.

Ganesh Ram Bari, son of Mahesh Ram Bari, resident of Bari Tola, P.O.- Bhauara, P.S.-Town, District-Madhubani, Pin-847212. 16.

Naresh Ram Bari, son of Mahesh Ram Bari, resident of Bari Tola, P.O.- Bhauara, P.S.-Town, District-Madhubani, Pin-847212. 17.

Jivach Ram Bari, son of Late Umesh Ram Bari, resident of Bari Tola, P.O.- Bhauara, P.S.-Town, District-Madhubani, Pin-847212. 18.

Santosh Ram Bari, son of Late Umesh Ram Bari, resident of Bari Tola, P.O.- Bhauara, P.S.-Town, District-Madhubani, Pin-847212. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajit Kumar Ojha, Advocate For the Respondent/s :

Mr.Standing Counsel (9) ======================================================

2/4 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 12-05-2026 Heard the parties.

2. The present petition has been preferred for the following relief/s:

(i) for a direction to the respondent authorities especially respondent No. 1 to appoint a survey knowing Ameen for proper demarcation of the agricultural land in the share of the petitioner and at the cost of petitioner;

(ii) for a direction to the respondent authorities to produce all the records pertaining to the land under dispute so as to facilitates proper adjudication of the case in the fact and circumstances articulated hereinabove;.

(iii) for a direction to the respondent authorities for the demarcation of the land in dispute only to the extent the petitioner is rightful share of the land in question;

(iv) for a direction to the respondent authorities to allow the construction of boundary wall on the aforesaid land to end all future disputes.

3. The petitioner is the daughter of late Ramchandra Bari and granddaughter of late Mahavir Bari who was having two other

3/4 brothers namely Jayshree Ram Bari and Sita Ram Bari, all three sons of Dasairam Bari.

4. The contention in the writ petition is that she being the only child of late Ramchandra Bari, who was again the only son of Mahavir Bari is entitled to the ancestral property of Dasairam Bari. However, now that her father is no more and even her husband died long ago, she being a widow, have no knowledge about the details of the land so that she/her three daughters could get possession of it and/or prefer a proper civil suit before a competent Civil Court.

5. The submission is that in that background, she wanted demarcation of land.

6. It is to be noted that though the lady wants demarcation of land, the details of the land is/are missing.

7. Learned State Counsel armed with the counter affidavit filed on behalf of the Respondent Nos. 04 to 07 submit that it is purely civil dispute and when the details of the land is/ are also not available, no relief can be extended. She, however, concedes that the petitioner being 82 years old lady, if proper petition with requisite fee is submitted before the Revenue Authorities and if the name of late Dasairam Bari is recorded in the revenue records of the Circle Office,Rahika, Madhubani, the details will be provided to her.

9. This Court is also of the opinion that when the details of the land is not available to the petitioner, no positive order can be passed. However, as she is 82 years, the husband and father are not

4/4 there to help her, the duty lies upon the respondent State to at least provide her the details of the land of her ancestors so that she can pursue civil remedy before the competent Court.

10. In that background, the writ petition is disposed of allowing the petitioner to file a proper representation before the Circle Officer, Rahika, Madhubani in next four weeks and if such petition along with requisite fee is submitted, the Revenue Authorities shall be duty bound to look into it and after examining the records, shall provide her the details of the land that is/are recorded in the said circle relating to late Dasairam Bari.

11. It is further made clear that the lady being 82 years old, the Circle Officer, Rahika, Madhubani is duty bound to ensure that she is not unnecessarily harassed and if required, the subordinate officials of the said Revenue Authority may also visit her home to get the report.

12. The entire exercise is to be completed within a period of sixty days from the date, the petitioner prefers the representation.

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

(Rajiv Roy, J) Ravi/- U