Disposed¶28

Ramashray Chaudhary v. The State of Bihar

Patna HC9 Jul 2026CWJC/9967/2026

Case brief

AI extract

What is this about?

Patna High Court, CWJC No.9967 of 2026, decided 09-07-2026, Rana Vikram Singh, J — certified copy of cadastral survey khatiyan; scope of writ/mandamus; writ court cannot be converted into fact-finding or executive court; direction to Collector, Darbhanga to dispose of representation dated 13.06.2026 within four weeks by reasoned speaking order; certified copy conditional on deposit of prescribed fee; representation remedy; revenue records Darbhanga.

What did the court decide?

Direction to the Collector, Darbhanga to dispose of the petitioner's representation dated 13.06.2026 within four weeks by a reasoned, speaking and properly adjudicating order; certified copy of the khatiyan to be supplied, if the petitioner is found entitled, only after deposit of the requisite fee under the extant rules; pending interlocutory applications disposed of.

Ramashray Chaudhary Vs The State of Bihar — Patna HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner is entitled to a direction for supply of the certified copy of the entire khatiyan of cadastral survey of his land in Thana No. 206, Mauja-Lagma, Anchal-Manigachi, Darbhanga. +2 more

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Court's answer

The petitioner will get the certified copy of the government record, if found entitled by the Collector, only after deposit of the requisite fee prescribed under the extant rules.

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Ratio / Principle

A writ Court cannot be converted into a fact-finding Court or a Court of executive nature; under writ jurisdiction the Court can only decide issues which are not in dispute and which directly infringe legal, statutory as well as fundamental rights of the petitioner.

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Key takeaways

A writ or mandamus can only be issued where a claim is based on sound legal principles and has been made before a competent authority which failed to discharge its duty in accordance with law.ratio¶24
With petitioner's counsel restricting the prayer to disposal of his representation, and State counsel not objecting, the writ application is disposed of with a direction to the Collector, Darbhanga to dispose of the representation dated 13.06.2026 within four weeks by a reasoned, speaking and properly adjudicating order.ratio¶25

Detailed headnote1 paragraphs

Patna High Court (Rana Vikram Singh, J) disposed of a writ petition (CWJC No.9967 of 2026) in which the petitioner sought a direction for supply of the certified copy of the entire khatiyan of cadastral survey of his land in Thana No. 206, Mauja-Lagma, Anchal-Manigachi, Darbhanga, which had not been supplied despite his requisition. Holding that a writ Court cannot be converted into a fact-finding or executive Court and that mandamus lies only where a claim grounded in sound legal principles is made before a competent authority that fails in its duty, the Court, on the prayer being restricted to disposal of the petitioner's representation dated 13.06.2026, directed the Collector, Darbhanga to decide that representation within four weeks by a reasoned, speaking and properly adjudicating order, clarifying that the certified copy would be issued, if the petitioner is found entitled, only after deposit of the requisite fee under the extant rules.

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.9967 of 2026

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Ramashray Chaudhary S/o Chandra Mohan Chaudhary, R/o- Village- Lagma Rambhadar, P.O.- L. Rambhadrapur, Sub District- Tardih, DistrictDarbhanga.

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... ... Petitioner/s

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Versus

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

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The District Magistrate-cum-Collector, Darbhanga.

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The Additional Collector, Darbhanga.

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The Deputy Collector-cum-Information Officer, District Record Room, Darbhanga Collectorate, Lahariayasari, Darbhanga.

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... ... Respondent/s

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Appearance :

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For the Petitioner/s : Mr. Akash Chaturvedi, Advocate For the Respondent/s : Mr. Manish Kumar, GP 4

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CORAM: HONOURABLE MR. JUSTICE RANA VIKRAM SINGH ORAL ORDER

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2 09-07-2026 By filing supplementary affidavit, learned counsel for the petitioner brings on record the application dated 13.06.2026 filed before the Collector, Darbhanga. The hard copy of the supplementary affidavit is accepted and is taken on record.

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The petitioner has come to this Court with a unique prayer for issuance of a direction to the concerned respondent for supplying of the certified copy of entire khatiyan of cadastral survey with respect to land situated in Thana No. 206, Mauja- Lagma, Anchal- Manigachi, Darbhanga. He submits that in-spite of filing requisition for issuance of

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Patna High Court CWJC No.9967 of 2026(2) dt.09-07-2026 2/4

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certified copy of the aforesaid khatiyan, the same has not been supplied to him till date. Being aggrieved, he filed a representation on 13.06.2026 before the Collector, Darbhanga highlighting his grievance with a prayer to direct the concerned authority to issue the certified copy of khatiyan as prayed by him.

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Learned counsel for the State Mr. Manish Kumar submits that in view of the reliefs as prayed in this writ application, it may be dismissed with cost because by filing the present writ application for the relief as prayed for, the writ petitioner has, infact, attempted to convert the writ court into that of an executive authority which is impermissible in the eyes of laws.

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“The object of a writ” is to serve as an extra judicial order commanding and directing a public authority, officials or any authority subordinate to it to perform a specific action, restrain any illegal activity and to control, restrict and correct abuse and misuse of power. The primordial object of it to provide a swift and expeditious constitutional remedy to the aggrieved person/persons in order to protect his or their individual rights. It is well settled in law that a writ Court cannot be converted into a fact finding Court or a Court of an

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Patna High Court CWJC No.9967 of 2026(2) dt.09-07-2026 3/4

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executive nature. Under writ jurisdiction the Court can only decide issues which are not in dispute and which directly infringes a legal statutory as well as fundamental rights of the person/petitioner, who approaches the Court.

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A writ or mandamus could only be issued where a claim has been made based on the sound legal principles and that too before the competent authority which failed to discharge its duty in accordance with law. In other words, by issuing a writ of mandamus the public officials or authority are compelled and mandated to perform their mandatory legal duties which they are duty bound to discharge.

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Since learned counsel for the petitioner has restricted himself to the prayer for a direction to the concerned Collector for disposal of his representation which has been brought on record by filing supplementary affidavit so this submission so made on the behalf of the petitioner, learned counsel for the State also did not object. In this backdrop this writ application is disposed off with a direction to the Collector, Darbhanga to dispose of the representation of the petitioner dated 13.06.2026 within a period of four weeks henceforth by a reasoned, speaking and properly adjudicating order, so that matter could end once and for all.

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Patna High Court CWJC No.9967 of 2026(2) dt.09-07-2026 4/4

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It goes without saying that for issuance of certified copy of any of the government record, certain fees has been prescribed in the rule. So petitioner will get the certified copy of the same, if he is found entitled too by the Collector, only after deposit of the requisite fee in terms of the extant rules.

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The writ application is disposed of with the aforesaid directions.

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All pending interlocutory application(s), if any, stand/s disposed off

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(Rana Vikram Singh, J)

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Rakesh/Prakash-

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Ramashray Chaudhary v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Ramashray Chaudhary v. The State of Bihar

Case brief

What is this about?

What did the court decide?

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