Deji Devi Vs The State of Bihar — Patna HC (2026) — LawSathi Research

Deji Devi Vs The State of Bihar — Patna HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Liberty to the petitioner to file a detailed representation before the District Magistrate cum Collector, East Champaran at Motihari for the relief prayed for; District Magistrate directed to consider the representation expeditiously. Neither the settlement/allotment prayer nor the restraint-on-removal prayer was decided on merits.

Issue for consideration

Whether the respondents should be directed to take a sympathetic decision for settlement/allotment of 0.2 1/4 decimal of land forming part of Plot Nos. 129, 130, 134, 135, 136 and 137 under Khata No. 204, situated within Mauza Bhawanipur Zirat, Revenue Thana No. 166, district Motihari, to the petitioner, who claims to be landless and to have resided on it with her family for more than 30 years after constructing a hutment. +1 more

Court's answer

The writ petition was disposed of, granting the petitioner liberty to avail an appropriate remedy in accordance with law by filing a detailed representation before the District Magistrate cum Collector, East Champaran at Motihari for the relief prayed for, and directing the District Magistrate to consider the representation expeditiously. The substantive prayers for settlement/allotment and restraint on removal were not adjudicated by this Court.

Detailed headnote1 paragraphs

Patna High Court (Purnendu Singh, J.), by order dated 03-02-2026, disposed of CWJC No. 1688 of 2026 filed by Deji Devi, a landless resident of Mohalla Bhawanipur Zirat, East Champaran, who sought (i) a sympathetic decision for settlement/allotment of 0.2 1/4 decimal of land forming part of Plot Nos. 129, 130, 134, 135, 136 and 137 under Khata No. 204, Mauza Bhawanipur Zirat, Revenue Thana No. 166, district Motihari, on which she claimed to have lived with her family for over 30 years after constructing a hutment, and (ii) restraint on the respondents, particularly the Anchal Adhikari, Sadar Motihari, from removing her family from the land pending such decision. Learned counsel for the petitioner undertook to file a detailed representation before the District Magistrate cum Collector, East Champaran at Motihari. The writ petition was disposed of with liberty to the petitioner to avail appropriate remedy in accordance with law, and the District Magistrate was directed to consider the representation expeditiously.

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.1688 of 2026

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Deji Devi W/o Sri Ravishankar Tiwari, a resident of Mohalla- Bhawanipur Zirat, Near Block, P.O.- Motihari, P.S.- Chatauni, District- East Champaran.

... ... Petitioner/s

Versus

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

The Principal Secretary, Department of Land and Revenue, Bihar, Patna.

The Collector, East Champaran at Motihari.

The Additional Collector, East Champaran at Motihari.

The Sub-Divisional Officer, Motihari Sadar, East Champaran.

The Deputy Collector Land Reform, Motihari Sadar, East Champaran.

The Anchal Adhikari, Sadar Motihari, East Champaran.

... ... Respondent/s

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Appearance : For the Petitioner/s : Mr.Nitesh Kumar, Advocate. Mr. Sumit Kumar, Advocate. For the State : Mr. Vivek Prasad, GP-7. Mr. Sanjay Kumar, AC to GP-7. Ms. Roona, Advocate. ======================================================

CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER

2 03-02-2026

Heard learned counsel appearing on behalf of the

petitioner and learned counsel for the State.

The petitioner in paragraph no. 1 of the present writ

petition has sought, inter alia, following relief(s), which is reproduced hereinafter:-

“i. To direct the respondents to take a sympathetic decision for settlement / allotment of the 0.2 ¼ decimal land of part of Plot Nos. 129, 130, 134, 135, 136 and 137 under Khata No. 204 situated within MauzaBhawanipur Zirat under Revenue Thana No.166 in the district of Motihari, the petitioner being landless is residing over it with her family after constructing hutment for more than 30 years.

ii. To restrain the respondents particularly

Patna High Court CWJC No.1688 of 2026(2) dt.03-02-2026 2/2

respondent Anchal Adhikari, Sadar Motihari to take any action or decision for removing the petitioner and her family from the land in question till final decision of settlement/allotment of the land in question.

iii. For grant of any other relief or reliefs for which the petitioner is found entitled to in the facts and circumstances of the case.”

Learned counsel appearing on behalf of the petitioner seeks to file a detailed representation before the District Magistrate cum Collector, East Champaran at Motihari for the relief as prayed for in the present writ petition.

The writ petition stands disposed of with aforesaid

liberty to the petitioner to avail appropriate remedy in accordance with law. The District Magistrate is directed to consider the representation of the petitioner expeditiously.

(Purnendu Singh, J)

mantreshwar/-

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