IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.6808 of 2025 ====================================================== Ram Ashish Mahto @ Ram Ashish Singh S/o Shri Anup Lal Mahto, R/o Village-Bariyarpur, P.S.-Sitamarhi, Anchal Dumra, District-Sitamarhi. ... ... Petitioner/s Versus 1. The State of Bihar through The Additional Chief Secretary, Revenue and Land Reforms Department, Government of Bihar, Patna. 2. The District Magistrate cum Collector, Sitamarhi. 3. Smt. Sita Devi, W/o Sri Dharkhan Mahto, Daughter of late Most. Nirshania Devi, wife of Late Swaroop Lal Mahto, R/o Village Hari Bela, P.S. Bathnaha, District-Sitamarhi. 4. Smt. Suniyana Devi @ Smt. Sunaina Devi, W/o Sita Ram Singh, Daughter of late Most. Nirshania Devi, wife of Late Swaroop Lal Mahto, R/o Village Bhasar Machahan Tola Satya Macha, P.S. and District-Sitamarhi. 5. Smt. Sudama Devi, W/o Shri Nagendra Mahto, Daughter of late Most. Nirshania Devi, wife of Late Swaroop Lal Mahto, R/o Village-Adhgai, P.S.- Parihar, District-Sitamarhi. 6. Shri Ramchandra Singh, S/o Late Ram Lakhan Singh, R/o Village and P.O.- Bariyarpur, P.S. and District-Sitamarhi. 7. Birendra Bharti, son of Late Bam Mahto, S/o Late Manna Mahto, R/o Village and P.O.-Bariyarpur, P.S. and District-Sitamarhi. 8. Devi Lal Singh, son of late Bam Mahto, S/o late Manna Mahto, R/o Village and P.O.-Bariyarpur, P.S. and District-Sitamarhi. 9. Surendra Singh, Son of Late Bam Mahto S/o Late Manna Mahto, R/o Village and P.O.-Bariyarpur, P.S. and District-Sitamarhi. 10. Raghvendra Raman, son of Late Bam Mahto S/o Late Manna Mahto, R/o Village and P.O.-Bariyarpur, P.S. and District-Sitamarhi. 11. Jai Kishore Singh, son of Late Deo Narain Singh, R/o Village and P.O.- Bariyarpur, P.S. and District-Sitamarhi. 12. Umesh Singh, son of Late Deo Narain Singh, R/o Village and P.O.- Bariyarpur, P.S. and District-Sitamarhi. 13. Arjun Singh, son of Late Ramawatar Singh S/o Late Raghu Singh, R/o Village and P.O.-Bariyarpur, P.S. and District-Sitamarhi. 14. Ram Iqbal Singh, son of Late Ramawatar Singh S/o Late Raghu Singh, R/o Village and P.O.-Bariyarpur, P.S. and District-Sitamarhi. 15. Manoj Singh, son of Late Ramawatar Singh s/o Late Raghu Singh, R/o Village and P.O.-Bariyarpur, P.S. and District-Sitamarhi. 16. Ram Dev Singh, son of Late Dhup Lal Bhagat, S/o Raghu Mahto @ Raghu Singh, R/o Village and P.O.-Bariyarpur, P.S. and District-Sitamarhi. 17. Raj Nandan Singh, son of Late Dhup Lal Bhagat s/o Raghu Mahto @ Raghu Singh, R/o Village and P.O.-Bariyarpur, P.S. and District-Sitamarhi. 18. Dev Nandan Singh, son of Late Dhup Lal Bhagat S/o Raghu Mahto @ Patna High Court CWJC No.6808 of 2025(4) dt.27-04-2026 2/4 Raghu Singh, R/o Village and P.O.-Bariyarpur, P.S. and District-Sitamarhi. 19. Ankit Kumar, son of Ram Bhagat Singh @ Ram Janam Singh (grandson of Late Ram Pratap Singh), Resident of Village-Sirauli Tola Ramnagar, P.S. Riga, District-Sitamarhi. 20. Sri Indal Singh Navin, Ex-Pracharya-Radha Krishna Prusotam Lal Dhanuka, Kishan College, Bariyarpur, Sitamarhi. ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Sanjeev Kumar Shrivastava, Adv. For the Respondent/s : Mr. Additional Advocate General (5) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 4 27-04-2026 Heard the parties. 2. The present application has been preferred: for issuance of a writ of mandamus or writ in the nature thereof or any other appropriate writ(s)/order(s)/direction commanding the respondent No.2-the District Magistrate-cum-Collector, Sitamarhi to dispose of pending Misc. Case Nos.45/1990, 46/1990, 47/1990, 48/1990, 49/1990, 50/1990, 51/1990 & 52/1990 filed by the petitioner under Section 32 of the Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956. 3. A counter affidavit as also the supplementary counter affidavits have been filed by the respondent no. 2, the Collector, Sitamarhi and this Court has taken note of paragraph 10 of the counter affidavit which read as under: 10. That in response to the averments Patna High Court CWJC No.6808 of 2025(4) dt.27-04-2026 3/4 made in paragraph 8 of the instant writ, it is most respectfully stated that Section 32 of the Consolidation Act which deals with the prohibition on transfer of lands, specifically provides that the Collector of the District may impose fine (not exceeding Rs.250/-), subject to the general orders of the State Government. Hence, the Collector, Sitamarhi vide impugned orders dated 28.05.1990 (Annexure P/2 Series) rightly held that fine can be imposed only after communication of such direction by the State Government. 4. The order-sheets of different misc. cases from 45/1990 to 51/1990 have come by way of supplementary counter affidavit in which it is recorded that guidelines have not been received by the State Government and as such, the applications remained pending. This is order dated 28.05.1990 as recorded above. 5. In the opinion of the Court, lots of water has flown down the ganges since the year 1990. We are in the year 2026, three and half decades have crossed and despite the Collector, Sitamarhi himself filing the affidavit, he is unable to inform whether the guidelines have been received from the State Government or not. 6. In that background, this Court accepts the statement Patna High Court CWJC No.6808 of 2025(4) dt.27-04-2026 4/4 made in paragraph 10 and the order shall be considered as have been passed subject to payment of Rs. 250/- which is the fine amount. 7. Accordingly, the writ petition is disposed of with the observation that all the orders passed in Misc. Case No. 45 of 1990 up to Misc. Case No. 51 of 1990 be deemed to have been validly passed subject to payment of Rs. 250/- as the fine amount. Vijay Singh/- (Rajiv Roy, J) U