Rita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1127 of 2025 ====================================================== Rita Devi wife of Shivlal Ram, Resident of Village-Lachhua, Block and P.SBathnaha, District-Sitamarhi. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary Revenue and Land Reforms Department, Govt. of Bihar, Patna.

2.

The Collector, Sitamarhi, District-Sitamarhi. 3.

The Deputy Collector Land Reforms (D.C.L.R.), Sitamarhi, DistrictSitamarhi. 4.

The District Land Survey Officer, Sitamarhi, District-Sitamarhi. 5.

The Circle Officer (C.O.), Bathnaha, Block-Bathnaha, District-Sitamarhi. 6.

Krishnandan Bhagat, s/o Bindeshwari Bhagat, resident of Village-Lachhua, P.S. Bathnaha, District-Sitamarhi.

7.

Ram Janki Bhagat, S/o Late Lakhan Bhagat, resident of Village-Lachhua, P.S. Bathnaha, District-Sitamarhi.

8.

Kamlesh Mahto, S/o Late Mahendra Mahto, resident of Village-Lachhua, P.S. Bathnaha, District-Sitamarhi.

9.

Sikandar Mahto, S/o Late Ram Ekbal Mahto, resident of Village-Lachhua, P.S. Bathnaha, District-Sitamarhi.

10.

Sunil Mahto, S/o Khehru Mahto, resident of Village-Lachhua, P.S. Bathnaha, District-Sitamarhi.

11.

Yogendra Mahto, Son of Late Akshelal Mahto, resident of Village-Lachhua, P.S. Bathnaha, District-Sitamarhi.

12.

Manoj Mahto, son of Yogendra Mahto, resident of Village-Lachhua, P.S. Bathnaha, District-Sitamarhi.

13.

Santosh Mahto, son of Yogendra Mahto, resident of Village-Lachhua, P.S. Bathnaha, District-Sitamarhi.

14.

Ram Naresh Mahto, Son of Late Pachu Mahto, resident of Village-Lachhua, P.S. Bathnaha, District-Sitamarhi.

15.

Ramashish Mahto, S/o Babuji Mahto, resident of Village-Lachhua, P.S. Bathnaha, District-Sitamarhi.

16.

Sanjeev Bhushan Chaudhary, Son of Bharat Bhushan Chaudhary, resident of Village-Lachhua, P.S. Bathnaha, District-Sitamarhi. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Arun Kumar No. 1, Advocate For the Respondent/s :

Mr. Standing Counsel (1) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY

2/4 ORAL ORDER 07-07-2026 Heard the parties.

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

(i) That U/s. 4 of the Bihar Land Disputes Resolution Act 2009, the respondents be directed to make measurement and demarcation & hand over the possession of the Lands, which are settled in the name of father in law of the petitioner namely Late Dukhit Ram and were in peacefull possession of the petitioner since long.

(ii) That the Respondents be also directed to get the said lands boundaries by the petitioner under security of local Administration because the anti-social elements Respondent no. 6 to 17 are trying to dispossess the petitioner and dispossessed from some part of the settled lands.

(iii) That the private Respondent be strictly restrained to disturb the handed over possession to the petitioner, in future.

(iv) That the possession of the Lands of Block. P.S. Bathnaha of District - Sitamarhi bearing Mauza - Lachhua, Khata No. 455. Plot No. 822 Area of 16 decimal be handed over.

(v) That the possession of the lands of Block + P.S. Bathnaha, District Sitamarhi of Mauza - Lachhua, Khata No. 455, plot No. 822, Area of 16 decimal be handed over to the petitioner taking from illegal and unauthorized possession of Private Respondent no. 6 to 16.

3/4 (vi) That the Respondents be also directed to pay the appropriate cost and compensation for unnecessary mental physical and economical harassment done by the illegal acts of the Respondents.

(vii) That any other relief or reliefs may kindly be granted in favour of the petitioner as it may be deemed fit and proper to the fact and circumstances of this case.

3. The petitioner is the daughter-in-law of Dukhit Ram with whom the land was settled vide Settlement Case No. 290 of 1987-88 as per the documents submitted (Annexure-1 to the writ petition).

4. It relates to Khata No. 455, Plot No. 822 ( area-16 decimal) under Mauza - Lachhu, Block and Police StationBathnaha in the district of Sitamarhi.

5. The contentions in the writ petition is that some unsocial elements are creating disturbance in the peaceful possession of the land and the Circle Officer, Bathnaha had taken note of this earlier while making communication with the SubDivisional Officer, Sitamarhi Sadar vide letter no. 696 dated 12.09.2022 which followed another letter no. 820 dated 11.10.2022.

6. As nothing happened, the writ petition.

7. Two copies of the writ petition was/were handed

4/4 over to the office of the learned Advocate General, Bihar, whereafter, the petition was filed in the month of January, 2025.

8. Today, on call, the prayer is that no reply has come.

9. This Court has two options, either to adjourn the matter after imposing cost upon the respondent and/or to dispose it of with a direction to the respondents, particularly the Circle Officer, Bathnaha, (respondent no. 5) to act on his own letter and see to it that the peaceful physical possession of the lawful owners is/are maintained.

10. In that background, the writ petition stands disposed of with a direction that the petitioner shall be filing a proper petition before the Circle Officer, Bathnaha within next four weeks who shall be taking up the matter and do the needful and it is further expected from the other respondents that if a proposal is made by the Circle Officer, Bathnaha, he/she shall be acting on it and ensure that the matter is taken to its logical conclusion at an earliest.

(Rajiv Roy, J) Sanny/- U