Indu Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19202 of 2025 ====================================================== Indu Devi W/o Shato Mahto, at resident of Village Dih Kusumbha, P.O. and P.S. Dih Kusumbha, District Sheikhpura.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Revenue, Govt. of Bihar New Secretariat, Patna.

2.

The Deputy Land Collector (L.R.D.C.), District Sheikhpura. 3.

The Circle Officer (C.O.) Ghat Kusumbha, District- Sheikhpura. 4.

The District Magistrate (D.M.), District Sheikhpura. 5.

The Sub-Division Officer (S.D.O.), District Sheikhpura. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bablu Kumar, Advocate For the State :

Mrs. Kumari Amrita, GP-3 Mr. Rajesh Kumar, AC to GP-3 ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 27-11-2025 The instant writ petition has been filed by the petitioner under Article 226 of the Constitution of India, seeking the following relief(s):- " i. For that the writ in the nature of mandamus commanding that the petitioner making prayer from Hon'ble Court to Direction the respondents please No hindrance and no disposed the said land. Because she has highly poor and landless and she has co-habited of Gairmazarua land since 70 years. That in respect of said land as Khata no. 316 Keshra No. 2846 Rakba 6 Acores 92 decimals situated as Muza Dih Kushumbha about 200 two hundred people also been co-habited in respect of

Patna High Court CWJC No.19202 of 2025(2) dt.27-11-2025 2/3 land. That in Respect of said land that the petitioner name alloted share 35x65 feet land of 2.5 something. ii. For that the petitioner entitle to any reliefs:-is"

2. Mr. Bablu Kumar, learned counsel for the petitioner and Mrs. Kumari Amrita, learned GP-3 for the Staterespondents are present and they are heard.

3. It is submitted by the petitioner's counsel that the petitioner is a poor and landless lady, and she and about two hundred other persons are residing on Gairmajarua land pertaining to Khata No. 316, Khesra No. 2846, of which area is 6 acres and 92 decimals, and for the last seventy years the petitioner has been residing on the said piece of land. It is further submitted that the petitioner has also constructed a hut over her occupied piece of land and, on account of nonallotment of the said land to her officially, she is facing much hardship and in this regard, she has made a prayer before the District Magistrate, Sheikhpura (Respondent No. 4), by way of Annexure-1, for allotment of her occupied land to her under the provisions of the Bihar Privileged Persons Homestead Tenancy Act, 1947, which is pending.

4. On the other hand, learned counsel appearing for the State-respondents submits that as the petitioner has already

Patna High Court CWJC No.19202 of 2025(2) dt.27-11-2025 3/3 filed an application before the District Magistrate, Sheikhpura (Respondent No.4) for allotment of the land under the provisions of the Bihar Privileged Persons Homestead Tenancy Act, 1947, which is not an old matter and petitioner's issue is premature for consideration under the writ jurisdiction of this Court.

5. In the light of the submissions made by the Staterespondents' counsel, this Court is of the view that the issue raised by the petitioner in this writ petition is premature for consideration, accordingly, the instant writ petition stands disposed of.

6. The petitioner should pursue her application which is pending before the District Magistrate, Sheikhpura (Respondent No. 4).

(Shailendra Singh, J) maynaz/- U