Rakha Devi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11547 of 2016 ====================================================== Rakha Devi Daughter of Late Fudan Mehtar wife of Sri Arun Kumar Ram. Resident of Village- Daniyalpur Mehtar Tola Panchayat- Gaura, P.S.- Teghra, District- Begusarai ... ... Petitioner/s

Versus

1.

The State Of Bihar.

2.

The Principal Secretary, Land Reforms Department, Government of Bihar, Patna 3.

The District Magistrate, Begusarai 4.

The Additional District Magistrate, Begusarai 5.

The Sub Divisional Officer, Teghra, Begusarai 6.

The Deputy Collector of Land Reforms, Teghra, Begusarai 7.

The Circle Officer, Teghra, Begusarai 8.

The Circle Inspector, Teghra, Begusarai 9.

The Revenue Karamchari, Teghra, Begusarai ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Kumar Praveen, Advocate For the Respondent/s :

Mr. GP-29, Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 22-07-2025 Heard the parties.

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

"A) For the issuance of appropriate writ/writs, order/orders, direction /directions to the Respondent authorities to immediately take appropriate action on the application filed by the petitioner for bandobasti of the land in favour of petitioner upon which residential house of the

Patna High Court CWJC No.11547 of 2016(3) dt.22-07-2025 2/3 petitioner's family is situated for last several decades.

B) For the issuance of appropriate writ/writs, order/orders, direction /directions to the respondent authorities to take and pass appropriate order in Bandobasti Case no- 01/201112 (Rekha Devi & others Vs. the state of Bihar) in accordance with law within a reasonable period as the case is pending before the respondent authorities since long.

C) For any other relief/reliefs to which the petitioner is found entitled under the facts and circumstances of the present case."

3. A counter-affidavit on behalf of the respondent nos. 3 to 7 is on record after duly service of copy to the learned counsel for the petitioner and it is the contention of the respondent that the proposal of bandobasti falls within Nagar Panchayat, Teghra where there is no provision of bandobasti of the urban land.

4. So far as the prayer of the petitioner is concerned, paragraph-14 of the counter-affidavit states that they have not filed any appeal under Section 21 of the Bihar Privileged Person

Patna High Court CWJC No.11547 of 2016(3) dt.22-07-2025 3/3 Homestead Tenancy Act.

5. Learned counsel for the petitioner submits that she shall be preferring the appropriate appeal.

6. In that background, the writ petition stands disposed of allowing the petitioner to move in appeal and if such appeal is preferred in next four weeks, the concerned authority shall take into account that the matter was pending before this Court while dealing with the limitation petition and the same is to be heard on merit.

(Rajiv Roy, J) Adnan/- U