Patna High Court - Orders
Malti Devi vs The State Of Bihar on 31 January, 2026
Author: Rajiv Roy
Bench: Rajiv Roy
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1525 of 2026
======================================================
Malti Devi Wife of Raghav Ray, Resident of Gandhi Nagar, Ghorasahan, P.S.-
Ghorasahan, District East Champaran, and at presently residing at ward no.-1,
Basawariya, P.S.- Gadasahan, East Champaran, Bihar.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Revenue and Land and
Reforms Department, Government of Bihar, Patna.
2. The District Magistrate, East Champaran at Motihari.
3. The Additional Collector, Headquarter, East Champaran at Motihari.
4. The Subdivisional Magistrate, Ghorasahan, Dhaka, District- East
Champaran at Motihari.
5. The Deputy Collector of Land Reform, Ghorasahan, Dhaka, District- East
Champaran at Motihari.
6. The Circle Officer, Ghorasahan, Anchal, Ghorasahan, Dhaka, District- East
Champaran at Motihari.
7. Satish Prasad Kushwaha, Son Jagat Narayan Kushwaha, Resident of village-
Koraiya, P.S.- Jharaukhar, District- East Champaran, Bihar.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ranjeet Kumar, Advocate
For the State : Mr. Government Pleader (27)
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 31-01-2026Heard the parties.
2. The present petition has been preferred for the grant of following relief(s):
"for issuance of an appropriate writ, order or direction, particularly in the nature of mandamus, directing the respondent authorities to restore possession of the petitioner over her Basgit Parcha land, bearing Khata No. 43, Plot Patna High Court CWJC No.1525 of 2026(2) dt.31-01-2026 2/3 No. 2088, area 0.08 Decimal, situated at Mauza-
Ghorasahan, P.S. Ghorasahan, Block Ghorasahan, District-East Champaran, from which she has been illegally and forcibly dispossessed by respondent no. 7."
3. The respondent no.5, the Deputy Collector, Land Reform, Ghorasahan, Dhaka, East Champaran, passed an order way back in the year 2019 in Case No. 02/2017-18 (Malti Devi vs. Satish Prasad Kushwaha) directing the Circle Officer, Ghorasahan, Dhaka, East Champaran, to act in the matter (annexure P/8 to the petition).
4. The contention in the writ petition is that even after passage of so many years and representation before different authorities, the said order has not been complied.
5. Learned State counsel submits that response has been sought for from the concerned Circle Officer. This Court is of the view that an order was passed by the Deputy Collector, Land Reform, Ghorasahan, Dhaka, East Champaran, if the contention of the petitioner is accepted, the same was neither challenged nor annulled but the Circle Officer, Ghorasahan has not acted in the matter, it would be appropriate that the petitioner approaches the respondent no.2, the Collector, East Patna High Court CWJC No.1525 of 2026(2) dt.31-01-2026 3/3 Champaran at Motihari, bringing to his notice all the facts/representation that has been repeatedly preferred by her without any response.
6. If the said petition is preferred in next four weeks, the Collector, East Champaran at Motihari shall hear all the parties after noticing them and further shall passing a reasoned order at an earliest, preferably within a period of six months.
(Rajiv Roy, J) vinayak/-
U