Pathal Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.76 of 2026 ====================================================== Pathal Devi W/o Late Surendar Pandey, Resident of Village- Haziapur, P.S.- Sahpur, District- Patna, Bihar.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary Revenue Department Patna, Bihar.

2.

The District Magistrate, Patna.

3.

The Sub Divisional Officer, Danapur, District Patna. 4.

The Circle Officer, Sahpur, Patna.

5.

Ramsharan Yadav, Son of not known Resident of village- Laxami Chak Ushari, P.S.- Sahpur, District- Patna.

6.

Arjun Singh @ Arjun Rai, Son of not known Resident of village- Laxami Chak Ushari P.S.- Sahpur District- Patna.

7.

Surendar Yadav, Son of not known Resident of village- Laxami Chak Ushari, P.S.- Sahpur, District- Patna .

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rakesh Kumar, Advocate :

Mr. Mritunjay Kumar Singh, Advocate :

Mr. Ghanshyam Choudhary, Avocate :

Mr. Vaibhav Vishal, Advocate For the Respondent/s :

Mr. Additional Advocate General (9) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 13-01-2026 Heard the parties.

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

"(i) for direction be issued to the respondents to grant of access the way of the petitioner home to approach the public road as such this way created obstacle by the front side land owner which is the respondent no. 5 to 7 of

Patna High Court CWJC No.76 of 2026(2) dt.13-01-2026 2/3 the petitioner as same disturb the daily routine life whereby where under land question (the petitioner home) situated at Mouza-Jaipur Hathiakandh, bearing Thana no. 31, Touzi no.

2837, Khata no. 98 Survey Plot no. 2933 due to said obstruction by the private respondents the petitioner has difficulty to out grace in grace in her house.

(ii) for direction be issued to the respondents to accommodate the way of the petitioner in favour of the Senior citizen (the petitioner).

(iii) for any other relief or reliefs as your lordships may deem fit and proper in the facts and circumstances of the case."

3. The petitioner claims to own a piece of land but is being disturbed by the respondent nos. 5 to 7.

4. Learned State counsel submits that she should have approached the Sub-Divisional Magistrate, Danapur, Patna for the redressal of the grievance.

5. Learned counsel for the petitioner submits that earlier she moved before the Sub-Divisional Officer, Danapur,

Patna High Court CWJC No.76 of 2026(2) dt.13-01-2026 3/3 Patna but he/she failed to look into the matter. A perusal of the writ petition would show that (Annexure-P/3) has been attached according to which on 04.12.2025, the Sub-Divisional Magistrate, Danapur, Patna was approached.

6. If a citizen is aggrieved and there is a forum and if he/she prefers any application, the officer is duty bound to look into the matter and take the same to its logical conclusion. Respondent no.3, the Sub-Divisional Magistrate, Danapur, Patna certainly failed in the matter.

7. In that background, the writ petition is disposed of allowing the petitioner to prefer a fresh petition before the respondent no.3, the Sub-Divisional Magistrate, Danapur, Patna who shall be taking up the said petition and after noticing, hearing the parties, is duty bound to finally conclude the proceeding and pass an appropriate order.

(Rajiv Roy, J) vinayak/- U