Patna High Court
Uma Nath MishraversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The writ petition is disposed of, as the settlement period has lapsed and there is no sufficient ground to quash the order.
Summary
The petitioners, a group of Mishra family members, claimed that three private tanks, which they had been paying rent on as raiyati lands, were wrongly allotted to respondents (the Mallick family) for revenue collection by an order dated 7 March 2019. They sought a writ of certiorari to quash the order, a mandamus to recall it, and declarations that the tanks were never declared as Government Sairat and that the settlement violated the Bihar Jalkar Management Act, 2006 and principles of natural justice. The State argued that the settlement pertained to the fiscal year 2018‑19, which had already lapsed, and that the tanks were "gair majra" land belonging to the Government, as reflected in the counter‑affidavit filed by the respondents. The Court noted that the counter‑affidavit was served on the petitioners without any rebuttal and that the period for the settlement was over. Consequently, the Court held that the petitioners could approach the appropriate competent court for any further grievance but dismissed the writ petition, disposing of the application.
Issues considered
- Whether the order allocating the three private tanks to the respondents for revenue collection is illegal and liable to be set aside.
- Whether the settlement was made in violation of the procedural requirements of Section 4(h) of the Land Reforms Act and the Bihar Jalkar Management Act, 2006.
- Whether the principles of natural justice were breached in the settlement process.
Legislation cited
- Land Reforms Act — s. 4(h)
Subjects
- rai yati land
- settlement
- certiorari
- mandamus
- natural justice
- Bihar Jalkar Management Act
- Land Reforms Act
- private tanks
- revenue collection
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.10281 of 2019
======================================================
1. Uma Nath Mishra S/o Bhola Nath Mishra Resident of Village-
Khopa,P.O.Sudai Ratauli,P.S. Phulparas Anchal Ghoghardiha,Dist.-
Madhubani
2. Sudhanshu Mishra S/o Shambhu Nath Mishra Resident of Village-
Khopa,P.O.Sudai Ratauli,P.S. Phulparas Anchal Ghoghardiha,Dist.-
Madhubani
3. Narayan Mishra S/o Late Gauri Nath Mishra Resident of Village-
Khopa,P.O.Sudai Ratauli,P.S. Phulparas Anchal Ghoghardiha,Dist.-
Madhubani
4. Lalit Mohan Mishra S/o Late Gauri Nath Mishra Resident of Village-
Khopa,P.O.Sudai Ratauli,P.S. Phulparas Anchal Ghoghardiha,Dist.-
Madhubani
5. Suman Kumar Mishra S/o Late Kedar Nath Mishra Resident of Village-
Khopa,P.O.Sudai Ratauli,P.S. Phulparas Anchal Ghoghardiha,Dist.-
Madhubani
6. Ranjan Kumar Mishra S/o Shashi Nath Mishra Resident of Village-
Khopa,P.O.Sudai Ratauli,P.S. Phulparas Anchal Ghoghardiha,Dist.-
Madhubani
7. Vinay Kumar Mishra S/o Shantinath Mishra Resident of Village-
Khopa,P.O.Sudai Ratauli,P.S. Phulparas Anchal Ghoghardiha,Dist.-
Madhubani
8. Beena Mishra W/o Late Deonath Mishra Resident of Village-
Khopa,P.O.Sudai Ratauli,P.S. Phulparas Anchal Ghoghardiha,Dist.-
Madhubani
... ... Petitioner/s
Versus
1. The State of Bihar through Principal Secretary,Land Reforms
Department,Govt. of Bihar,Patna
2. The District Magistrate-cum-Collector, Madhubani,Dist.-Madhubani
3. District Fishery Officer, Madhubani,Dist.-Madhubani
4. Sub-Divisonal Officer, Phulparas District-Madhubani
5. Deputy Collector, Land Reforms Phulpara,P.S. Phulparas,Dist.-Madhubani
6. Circle Officer, Block Ghoghardiha,Dist.-Madhubani
7. Ram Vilas Mukhiya@Ram Vilas Mallick s/o Awadh Mallick @ Awash
Mukhiya Resident of Village-Khopa,House No.17, P.O. Sudai-Ratauli,P.S.
Phulparas,Dist.-Madhubani
8. Rijhan Mallick S/oAwadh Mallick Resident of Village-Khopa,House No.17,
P.O. Sudai-Ratauli,P.S. Phulparas,Dist.-Madhubani
9. Ashok Mallick S/o Awadh Mallick Resident of Village-Khopa,House No.17,
P.O. Sudai-Ratauli,P.S. Phulparas,Dist.-Madhubani
Patna High Court CWJC No.10281 of 2019(5) dt.13-01-2026
2/4
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Durga Nand Jha, Adv.
Mrs. Soni Kumari, Adv.
For the Respondent/s : Mrs. Nutan Sahay, AC to AAG-12
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
5 13-01-2026 Heard Mrs. Soni Kumari, learned counsel for the
petitioner and Mrs. Nutan Sahay, learned State Counsel.
2. The present application has been preferred for the
following relief(s):
(i) Issuance of a writ in the nature
of certiorari for quashing the order dated
7.3.2019 whereby three private Tanks of
petitioners have been allotted to Respondents
7 to 9 for the year 2018-19 for collection of
Revenue without following the procedures of
settlement in as much the tanks are exclusive
raiyati tank of petitioners since the Bate of
vesting of Jamandary and petitioners have
been paying the rental to Government till
date.
(ii) Issuance of a consequential
writ in the nature of Mandamus directing
and commanding Respondents to re-call the
order dates 7.3.2019 as the tanks in question
was never declared as Government Sairat
nor any proceeding under section 4 (h) of
Land Reforms Act was ever initiated and
Patna High Court CWJC No.10281 of 2019(5) dt.13-01-2026
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thus tanks are raiyati Lands of Petitioners
and it cannot be settled to strangers.
(iii) Issuance of an appropriate
holding and declaration that once tanks in
question were never declared as Government
Sairat and those are still under possession of
the petitioners and accordingly they are
paying the rental to Government, the said
tanks cannot be settled to individuals of same
family against the Provisions of Bihar Jalkar
management Act 2006 (as Amended update)
and thus the impugned settlement is bad in
law and is fit to be set aside.
(iv) Issuance of an appropriate
declaration that once the proceeding under
section 4(h) of the Land Reforms Act has
never held, Government had passed order
holding the lands as raiyati lands of
ancestors of petitioners, and tanks in
question, were never declared as Sairat, the
impugned settlement of tanks is illegal,
arbitrary, in colourable exercise of Power
and thus is fit to be set aside and it is also
otherwise bad in law as neither any notice
was issued to petitioners nor the petitioners
were allowed any opportunity to show that
impugned tanks are their raiyati land and
thus Principles of Natural Justice has also
violated on which ground alone the
impugned settlement is fit to be quashed.
Patna High Court CWJC No.10281 of 2019(5) dt.13-01-2026
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3. Learned State Counsel, at the outset submits that
settlement for the year 2018-19 was challenged which period is
already over. She has further taken this Court to the unrebutted
counter affidavit filed on behalf of the respondent nos. 2 and 4 to 6
with reference to paragraph 19 to show that it is a ‘gair majarua’
land in possession of the State Government.
4. The copy of the counter affidavit was served upon the
learned counsel for the petitioner on 27.08.2019 and there is no
rebuttal to it.
5. Considering the aforesaid facts as also that the period
for which the settlement was made (2018-19) already stands
lapsed, granting liberty to the petitioner to agitate afresh, if need so
arise as also to approach appropriate Competent Court for the
redressal of the grievance, the writ petition is disposed of.
(Rajiv Roy, J)
Vijay Singh/-
U
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