Ramashray Chaudhary v. The State Of Bihar

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, DistrictDarbhanga. ... ... 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 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

2/4 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

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.

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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/PrakashU