Sarita Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2030 of 2025 ====================================================== Sarita Devi W/o Surendra kumar Agarwal @ Surendra Agraval Resident of Gram Shyampur Bazar, PS-Adapur, Dist.-East Champaran, Bihar-845301 ... ... Petitioner/s
Versus
1.
The State of Bihar through Additional Chief Secretary, Department of Revenue and Land Reforms, Government of Bihar, 2.
The District Magistrate, East Champaran, Motihari. 3.
The Additional District Magistrate, East Champaran, Motihari. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Kumar Abhishek, Advocate Mr. Shivesh Sinha, Advocate For the Respondent/s :
Mr. Swapnil Kumar Singh, AC to GP 19 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 23-03-2026 Heard the parties.
2. The present writ petition has been preferred for grant of following reliefs:- "a. for issuance of appropriate writ, order or direction in the nature of Writ of Mandamus, commanding the concerned respondent for the removal of petitioner's land from Rok Suchi/Restriction Register which is bearing plot number 370 and 371 having rakba 20.41 and 39.95 decimal respectively under Khata Number 134 and 143 situated in MauzaAuraiya, Thana-97, P.S.- Adapur, under Jamabandi No.- 1715.
b. for any other appropriate writ/writs, order/orders or direction/directions which the
Patna High Court CWJC No.2030 of 2025(5) dt.23-03-2026 2/3 petitioner deemed entitled to in the light of facts and circumstances of the case."
3. The petitioner claims to have been gifted the aforesaid piece of land from his father-in-law, Madan Lal Agarwal in the year 2014 (16.04.2014) who in turn purchased it from one Sri Lal Bhartiya, in the year 1974.
4. It is the case of the petitioner that she was having peaceful possession over land in question and actually the sold part of it to one Atma Sah on 18.07.2023. However to her surprise, she got information that it has been put in the category of (Rok Suchi) inasmuch as no transfer can be subsequently registered so far as this land is concerned.
5. Aggrieved, she represented before all the Revenue Officials up to the level of Additional Chief Secretary, Gaya, Patna, without any success forcing her to file the present writ petition.
6. It is to be noted that the writ petition was filed in the month of February, 2025 after service of copies to learned State counsels but despite the matter being taken up by different coordinate Benches on 11.02.2025, 14.02.2025 and 18.11.2025, the respondents chose not to answer to the grievance put forth by the petitioner.
7. This Court has two options either to impose heavy
Patna High Court CWJC No.2030 of 2025(5) dt.23-03-2026 3/3 cost upon the respondents while having fail to comply the successive orders passed by the coordinate Benches. Alternatively, to direct the petitioner to approach the Collector, East Champaran, Motihari in next four weeks along with all the relevant documents.
8. With the consent of the parties, this Court moves for the second option. The petitioner to file a petition with all the supportive documents before the Collector, East Champaran, Motihari in next four weeks who shall be duty bound to take up the matter, call the respondent and thereafter pass a reasoned order within three months thereafter.
9. It is made clear that the order has to be passed by the Collector, East Champaran, Motihari and shall not be delegated to any Revenue Officer working under him.
10. With the aforesaid observation, the writ petition stands disposed of.
(Rajiv Roy, J) Ranjeet/- U