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Patna High Court

Uma Nath MishraversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
                                                      4/4




                                 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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