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Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961

29 judgments · newest first · showing 1–29

Shiv Kant RanjanversusThe State of Bihar

DISPOSED

Shiv Kant Ranjan filed a writ petition under Article 226 of the Constitution seeking to set aside orders of the Additional Collector and the Land Revenue Development Commissioner and to confirm an order of the Circle Officer. The State argued that a statutory alternative remedy existed under the …

Naresh Mohan MishraversusThe State of Bihar

ALLOWED

Petitioners Sanjeeb Kumar and Mihir Kumar challenged three orders relating to a land‑ceiling case (Land Ceiling Case No.38 of 1981‑82) filed by the State of Bihar. They argued that the authorities improperly relied on a magistrate’s report, ignored documents such as a horoscope and medical board …

Yasmin NehalversusThe State of Bihar

DISMISSED

The petitioners, descendants of Syed Jamaluddin Ahmad, challenged the order of the Additional Collector, Khagaria dated 07.03.2015 and its affirmation by the Bihar Land Tribunal on 25.07.2024, arguing that earlier notifications under Section 15(1) of the Bihar Land Reforms Act had been quashed and …

Shailendra Kumar Jaiswal @ Vinod KumarversusBinita Ojha

ALLOWED

The appellant, a pre‑emptor, filed an application under Section 16(3) of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961, seeking pre‑emption of a residential plot purchased by the writ petitioner. The Deputy Collector allowed the pre‑emption, a sale deed …

Raghuwar ThakurversusThe State of Bihar

DISPOSED

The petitioner, Raghuwar Thakur, filed a pre‑emption application and deposited the required amount, but the District Collector dismissed both the application and his subsequent appeal on 16 July 2019, invoking the 2019 amendment to the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of …

Mandal BaskiversusThe State of Bihar

DISPOSED

Mandal Baski filed a writ petition challenging an order dated 29‑11‑2025 of the District Magistrate‑cum‑Collector of Kishanganj that confirmed a registered sale deed of land settled in his father's favour. The petitioner alleged that the confirmation violated Section 27(3) of the Bihar Land Reforms …

Kishore MahtoversusThe State of Bihar

DISPOSED

The petitioners, four brothers, claimed that a parcel of land allotted to their deceased father under a welfare scheme had been occupied by them and a house was constructed. The Additional Collector initiated a Jamabandi cancellation proceeding (Case No. 28/2025-26) without impleading the heirs, …

Ambedkar Kumar Dayal @ Ambedkar PaswanversusThe State of Bihar

DISPOSED

The petitioner, Ambedkar Kumar Dayal, was allotted 0.25 decimal of land under a 1991 settlement patta and obtained a mutated Jamabandi in his favour. Private respondent No.8 subsequently disturbed his possession by constructing a hut, despite earlier BLDR orders (Case No. 05/2014 and Appeal No. …

Dukhi DewanversusThe State of Bihar

DISPOSED

Dukhi Dewan filed a writ petition seeking a mandamus directing the Circle Officer of Raxaul to initiate proceedings under Section 48(D) of the Bihar Tenancy Act, 1986, for declaration of his raiyati rights over land recorded in the name of Madarsa Ahmadia Hanfia. The land, comprising Khata No.271, …

Ganeshi RishidevversusThe State of Bihar

DISPOSED

The petitioner, Ganeshi Rishidev, claimed possession of two plots of land in Purnea district for which he had been issued a red card/parwana under the Bihar Land Reforms Act. The respondents, representing the State, had declared the same land surplus and acquired it under section 15(i) of the Bihar …

KEDAR MISHRAversusTHE STATE OF BIHAR & ORS.

2016 INSC 304

Kedar Mishra, a co‑sharer and raiyat, claimed right of pre‑emption under Section 16(3) of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act for three parcels sold by his brother. He deposited the required ten percent of the purchase price, but the treasury challan …

PITAMBAR SINGH AND ORS.versusSTATE OF BIHAR AND ORS.

2010 INSC 699Appeal(s) allowed

The appellants, members of a Mitakshara joint family holding 33.95 acres of land, were initially ordered to retain only 18 acres, with the remainder deemed surplus. An appellate authority later held that the appellant's son, being a major on the relevant date, should be treated as a separate family, …

SURESH PRASAD SINGHversusDULHIN PHULKUMARI DEVI AND ORS.

2010 INSC 314Appeal(s) allowed

The Supreme Court allowed the appeal of Suresh Prasad Singh, holding that he was a co‑sharer of the transferors in the land sold to the respondent and therefore entitled to a mandatory right of pre‑emption under Section 16(3) of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of …

K.N. FARMS INDUSTRIES (PVT.) LTD.versusSTATE OF BIHAR & QRS.

2009 INSC 882Dismissed

K.N. Farms Industries (Pvt.) Ltd., a land‑holder, challenged the inclusion of 43.29 acres of tanks in its surplus land assessment under the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961, as applied in Jharkhand. The appellant argued that tanks, being water …

KAMAL KRISHAN RASTOGI & ORS.versusSTATE OF BIHAR & ANR.

2008 INSC 1012Appeal(s) allowed

The Collector of Bihar reopened a land‑ceiling proceeding under Section 45‑B of the Bihar Land Reforms Act without giving notice or a hearing to the land‑holder, Sarju Madhav Rastogi. The proceeding was transferred to the Additional Collector, who after a brief appearance by the deceased …

ASHOK KUMAR PANDEY & ORS.versusSTATE OF BIHAR

2008 INSC 621Dismissed

The appellants, Ashok Kumar Pandey and others, had mortgaged portions of their land in 1966 and later transferred the same lands to the mortgagees by registered deeds in 1972, after the notified ceiling date of 9‑9‑1970 under the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of …

SITARAM AGARWAL & ANR.versusSUBARATA CHANDRA & DAMKRISHNA DHARA & ORS.

2008 INSC 599Dismissed

The father of the respondents purchased land as the shebait of the deity Sri Sri Durgamata Thakurani and later sold it to the appellants. The appellants sought to enforce the sale, while the respondents claimed the land was a debutter (charitable endowment) and that the shebait could not validly …

SIRISIA STHAL, IMLI CHATI, MUZAFFARPUR & ORS.versusSTATE OF BIHAR & ORS.

2008 INSC 167Case Allowed

The appellants challenged the constitutionality of certain provisions of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961, specifically an amendment to Section 29 that removed an exemption for extra units used for religious rites. They contended that the …

SANTOSH KUMAR SINGH AND ORS.versusTHE STATE OF BIHAR AND ORS.

2008 INSC 131Dismissed

The appeal arose from land‑ceiling proceedings under the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961, where the original draft statement was prepared, objections were considered, but final publication was not made. After the 1982 amendment, the matter was …

DOLHIN PADHARO DEVIversusINDRAJEET TIWARY & ANR

2008 INSC 126Dismissed

The appellant, a purchaser, challenged orders of the ceiling authorities under the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961, first through writ petitions raising the jurisdiction of those authorities, which were dismissed by the High Court. He then …

DADAN RAM AND ORS.versusSTATE OF BIHAR AND ORS.

2007 INSC 1184Case Partly allowed

The case concerned surplus land declared under the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961. Respondent No.8's 4.64 acres were declared surplus, notified and allotted to eight downtrodden persons (parcha holders). Later the District Collector, invoking …

KUSHESHWAR PRASAD SINGHversusSTATE OF BIHAR AND ORS.

2007 INSC 316Case Partly allowed

The appellant, a landholder, filed a return under the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 in 1973-74 claiming he did not possess excess land. The Deputy Collector in 1976 upheld his claim and ordered the proceedings dropped, but no final statement …

CHANDRIKA SINGH (DEAD) THR. L.RS.versusARVIND KUMAR SINGH (DEAD) BY L.RS. AND ORS.

2006 INSC 321Appeal(s) allowed

Arvind Kumar Singh sold land to Paras Sah, whose deed was registered on 14 June 1984. Paras Sah then executed a second sale deed in favour of Ghurla Kuer, which was not registered until 31 August 1984. Chandrika Singh, a raiyat of adjoining lands, filed a pre‑emption application on 17 July 1984 …

RAM JANKIJEE DEITIES AND ORS.versusSTATE OF BIHAR AND ORS.

1999 INSC 237Appeal(s) allowed

The case concerned two Hindu deities, Ram Jankijee and Thakur Raja (also called Raja Rani), each of which had been the beneficiary of a separate deed of dedication of 81.14 acres of land, registered and placed in possession through shebaits. Under the Bihar Land Reforms (Fixation of Ceiling Area and …

SHRI GOKUL MAHTOversusTHE STATE BANK OF BIHAR AND ORS.

1999 INSC 82Dismissed

The appellant, a neighbour of a parcel of land, claimed a right of pre-emption under sub‑clause (3) of Section 16 of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961, after the land was gifted by his brother (the third respondent) to his sister (the fifth …

RAMJI SHARMA @ RAMJI BABU (DEAD) BY LRS.versusTHE STATE OF BIHAR AND ORS.

1996 INSC 1083Dismissed

The appellants, co‑sharers of a parcel of land in the town of Hajipur, sought a re‑transfer of the land that had been sold to a third party under a registered deed. They invoked Section 16(3) of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961, which allows …

STATE OF BIHAR AND ORS.versusMAHANTH BALRAM DAS

1996 INSC 567Appeal(s) allowed

The appeal concerned proceedings initiated under Section 10 of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961. The question was whether the 1982 amendment, specifically Sections 32‑A and 32‑B, caused abatement of matters that had become final or were …

STATE OF BIHARversusSHRI K. M. ZUBEI AND OTHERS

1996 INSC 212Appeal(s) allowed

The State of Bihar appealed a Patna High Court order that had upheld a Board of Revenue decision allowing a land holder, governed by Mohammedan law, to claim an additional unit of land for his adult son. The land holder had been shown to hold surplus land under the Bihar Land Reforms (Fixation of …

CHOUDHARY SAHU (DEAD) BY LRS.versusSTATE OF BIHAR

1981 INSC 205Appeal(s) allowed

The appellant, a land‑holder under the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961, challenged a Collector’s order that allotted him twelve units of land, although he had claimed fifteen. The State of Bihar neither appealed the Collector’s order nor filed …