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Patna High Court

Bibi Aasma KhatoonversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court held that there is no illegality in the Bihar Land Tribunal's order and dismissed the writ petitions, directing the parties to pursue pre‑litigation mediation.

Summary

The petitioners, a group of siblings of the late Abu Umer Khan, filed writ petitions challenging orders of the Bihar Land Tribunal that set aside earlier revenue orders concerning a disputed parcel of land valued at about Rs. 5 crore. They sought to have the Tribunal's orders set aside and to restore the earlier revenue orders that recognized their title. The court examined whether the Tribunal's orders were illegal and whether the writ court could intervene in a civil title dispute. It found no illegality in the Tribunal's order and held that the determination of title is within the jurisdiction of a competent civil court, not the writ jurisdiction. Consequently, the court directed the parties to undergo pre‑litigation mediation under the Mediation Act, 2023, and disposed of the writ petitions.

Issues considered

  • Whether the order of the Bihar Land Tribunal setting aside the revenue orders is illegal or ultra vires.
  • Whether the writ court has jurisdiction to interfere with civil land title determinations.
  • Whether the petitioners are entitled to relief to set aside the Tribunal's order.
  • Whether pre‑litigation mediation under the Mediation Act, 2023 is appropriate in this dispute.

Subjects

  • land dispute
  • writ jurisdiction
  • land reform
  • mediation
  • property title
  • forged sale deed
  • Bihar Land Tribunal

Judgment

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                  Civil Writ Jurisdiction Case No.10781 of 2022
     ======================================================
1.    Bibi Aasma Khatoon Wife of Late Abu Umer Khan Resident of Village-
      Sadaruddin Chak, P.S.- Habibpur, Disrict- Bhagalpur.
2.   Md. Aftab Khan Son of Late Abu Umer Khan Resident of Village-
     Sadaruddin Chak, P.S.- Habibpur, Disrict- Bhagalpur.
3.   Md. Mozahid Khan Son of Late Abu Umer Khan Resident of Village-
     Sadaruddin Chak, P.S.- Habibpur, Disrict- Bhagalpur.
4.   Md. Imran Khan Son of Late Abu Umer Khan Resident of Village-
     Sadaruddin Chak, P.S.- Habibpur, Disrict- Bhagalpur.
5.   Md. Samir Khan Son of Late Abu Umer Khan Resident of Village-
     Sadaruddin Chak, P.S.- Habibpur, Disrict- Bhagalpur.
6.   Md. Amir Khan Son of Late Abu Umer Khan Resident of Village-
     Sadaruddin Chak, P.S.- Habibpur, Disrict- Bhagalpur.

                                                               ... ... Petitioner/s
                                       Versus

1.   The State of Bihar Through Principal Secretary Land Reforms, New
     Secretariat, Government of Bihar, Patna.
2.   The Deputy Secretary, Revenue and Land Reform, Government of Bihar,
     Patna.
3.   The Collector, Bhagalpur.
4.   The Additional Collector, Bhagalpur.
5.   The Deputy Collector Land Reforms, Bhagalpur.
6.   The Circle Officer, Nath Nagar Bhagalpur. Respondent 1st set.
7.    Bibi Sabina Khatoon Wife of Late Badruzama Khatoon R/o Village-
      Sadaruddin Chak, P.S.- Habibpur, District- Bhagalpur.
                                                            ... ... Respondent/s
     ======================================================
                                        with
                   Civil Writ Jurisdiction Case No. 10848 of 2022
     ======================================================
1.    Bibi Aasma Khatoon W/o Late Abu Umer Khan, R/o Village Sadaruddin
      Chak, P.S.- Habibpur, District- Bhagalpur.
2.   Md. Aftab Khan S/o Late Abu Umer Khan, R/o Village Sadaruddin Chak,
     P.S.- Habibpur, District- Bhagalpur.
3.   Md. Mozahid Khan S/o Late Abu Umer Khan, R/o Village Sadaruddin Chak,
     P.S.- Habibpur, District- Bhagalpur.
4.   Md. Imran Khan S/o Late Abu Umer Khan, R/o Village Sadaruddin Chak,
     P.S.- Habibpur, District- Bhagalpur.
5.   Md. Samir Khan S/o Late Abu Umer Khan, R/o Village Sadaruddin Chak,
     P.S.- Habibpur, District- Bhagalpur.
Patna High Court CWJC No.10781 of 2022(7) dt.19-01-2026
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  6.    Md. Amir Khan S/o Late Abu Umer Khan, R/o Village Sadaruddin Chak,
        P.S.- Habibpur, District- Bhagalpur.

                                                           ... ... Petitioner/s
                                           Versus
  1.    The State of Bihar through Principal Secretary Land Reforms, New
        Secretariat, Government of Bihar, Patna.
  2.    The Deputy Secretary Revenue and Land Reform, Government of Bihar,
        Patna.
  3.    The Collector, Bhagalpur.
  4.    The Additional Collector, Bhagalpur.
  5.    The Deputy Collector Land Reforms, Bhagalpur.
  6.    The Circle Officer, Nath Nagar Bhagalpur.
  7.    Md. Awaiz Zama Khan S/o Late Badruzama Khatoon, R/o Village
        Sadaruddin Chak, P.S.- Habibpur, District- Bhagalpur.

                                                 ... ... Respondent/s
       ======================================================
                                                 with
                     Civil Writ Jurisdiction Case No. 10924 of 2022
       ======================================================
  1.    Bibi Aasma Khatoon W/o late Abu Umer Khan R/o Village Sadaruddin
        Chak, P.S. Habibpur, District Bhagalpur.
  2.    Md. Aftab Khan S/o late Abu Umer Khan, R/o Village Sadaruddin Chak,
        P.S. Habibpur, District Bhagalpur.
  3.    Md. Mozahid [email protected] Khan S/o late Abu Umer Khan, R/o
        Village Sadaruddin Chak, P.S. Habibpur, District Bhagalpur.
  4.    Md. Imran Khan S/o late Abu Umer Khan, R/o Village Sadaruddin Chak,
        P.S. Habibpur, District Bhagalpur.
  5.    Md Samir Khan S/o late Abu Umer Khan, R/o Village Sadaruddin Chak, P.S.
        Habibpur, District Bhagalpur.
  6.    Md Amir Khan S/o late Abu Umer Khan, R/o Village Sadaruddin Chak, P.S.
        Habibpur, District Bhagalpur.

                                                               ... ... Petitioner/s
                                          Versus
  1.    The State of Bihar through Principal Secretary Land Reforms, New
        Secretariat Government of Bihar, Patna.
  2.    The Deputy Secretary Revenue and Land Reform, Govt of Bihar, Patna.
  3.    The Collector Bhagalpur.
  4.    The Additional Collector Bhagalpur.
  5.    The Deputy Collector, Land Reforms, Bhagalpur.
  6.    The Circle Officer Nath Nagar Bhagalpur.
  7.    Md. Awaiz Zama Khan S/o Late Badruzama Khatoon, R/o Village
         Patna High Court CWJC No.10781 of 2022(7) dt.19-01-2026
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                 Sadaruddin Chak, P.S. Habibpur, District Bhagalpur.

                                                                              ... ... Respondent/s

                 ======================================================
                 Appearance :
                 (In Civil Writ Jurisdiction Case No. 10781 of 2022)
                 For the Petitioner/s      :       Mr.Chandra Kant, Advocate
                                                   Ms. Sristi Kumari, Advocate
                                                   Ms. Karnika, Advocate
                                                   Mr. Vaibhav Kr. Jha, Advocate
                                                   Mr. Sudhanshu Prakash, Advocate
                 For the State             :       Mr.Md. Khurshid Alam (Aag12)
                                                   Mr. Shailendra Kr. Dwivei, AC to AAG 12
                 For respondent no.7       :       Mr. Rupak Kumar, Advocate
                 (In Civil Writ Jurisdiction Case No. 10848 of 2022)
                 For the Petitioner/s      :       Mr.Chandra Kant, Advocate
                                                   Ms. Sristi Kumari, Advocate
                                                   Ms. Karnika, Advocate
                                                   Mr. Vaibhav Kr. Jha, Advocate
                                                   Mr. Sudhanshu Prakash, Advocate
                 For the State             :       Mr.Md. Khurshid Alam (Aag12)
                                                   Mr. Shailendra Kr. Dwivei, AC to AAG 12
                 (In Civil Writ Jurisdiction Case No. 10924 of 2022)
                 For the Petitioner/s      :       Mr.Chandra Kant, Advocate
                                                   Ms. Sristi Kumari, Advocate
                                                   Ms. Karnika, Advocate
                                                   Mr. Vaibhav Kr. Jha, Advocate
                                                   Mr. Sudhanshu Prakash, Advocate
                 For the State             :       Mr.Md. Khurshid Alam (Aag12)
                                                   Mr. Shailendra Kr. Dwivei, AC to AAG 12
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

7   19-01-2026                    Heard learned counsel appearing on behalf of the

                   petitioners and learned counsel for the respondents.

                               2. The petitioners in paragraph no. 1 of the respective

                   writ petitions have sought inter alia the following relief(s),

                   respectively which are reproduced hereinafter:-

                                               “I. For issuance of writ/writs, order/orders,
                                   direction/direction to set aside the order dt 13/6/2022
                                   passed by the Hon'ble member Judicial, the Bihar land
                                   tribunal Patna in BLT case no 40/20120, whereby the
                                   Hon'ble tribunal has set aside the order of dt 6/12/2019
                                   passed by additional collector Bhagalpur in revision no
                                   70/2019 and also has set aside the order dt 10/6/2019
Patna High Court CWJC No.10781 of 2022(7) dt.19-01-2026
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                          passed by DCLR Bhagalpur in mutation appeal no 121 /
                          2017-18 and has affirm the order dt 20/8/2017 passed by
                          Anchal Adhikari Nath nagar in mutation case no
                          2718/2016-17.
                                      II. For issuance of writ/writs order/orders to set
                          aside the order to set aside the order dt 13/6/2022 passed
                          by the Hon'ble member Judicial, the Bihar land tribunal
                          Patna in BLT case no 40/20120, and affirm the order of dt
                          6/12/2019 passed by additional collector Bhagalpur in
                          revision no 70/2019 and also affirm the order dt 10/6/2019
                          passed by DCLR Bhagalpur in mutation appeal no
                          121/2017-18 and further to set aside the order dt 20/8/2017
                          passed by Anchal Adhikari Nath nagar in mutation case no
                          2718/2016-17.
                                      III. To grant any other appropriate reliefs, for
                          which petitioner may deemed entitled under the fact and
                          circumstance of the case.”
                                      “I. For issuance of writ/writs, order/orders,
                          direction/direction to set aside the order dt 13/6/2022
                          passed by the Hon'ble member Judicial, the Bihar land
                          tribunal Patna in BLT case no 50/20120, whereby the
                          Hon'ble tribunal has set aside the order of dt 6/12/2019
                          passed by additional collector Bhagalpur in revision no
                          77/2019 and also has set aside the order dt 10/6/2019
                          passed by DCLR Bhagalpur in mutation appeal no 121 /
                          2019 and has affirm the order dt 14/6/2017 passed by
                          Anchal Adhikari Nath nagar in mutation case no 792/2017-
                          18.
                                      II. For issuance of writ/writs order/orders to set
                          aside the order to set aside the order dt 13/6/2022 passed
                          by the Hon'ble member Judicial, the Bihar land tribunal
                          Patna in BLT case no 50/20120, and affirm the order of dt
                          6/12/2019 passed by additional collector Bhagalpur in
                          revision no 77/2019 and also affirm the order dt 10/6/2019
                          passed by DCLR Bhagalpur in mutation appeal no
                          121/2019 and further to set aside the order dt 14/6/2017
                          passed by Anchal Adhikari Nath nagar in mutation case no
                          792/2017-18.
                                      III. To grant any other appropriate reliefs, for
                          which petitioner may deemed entitled under the fact and
                          circumstance of the case.”
                                      “I. For issuance of writ/writs, order/orders,
                          direction/direction to set aside the order dt 13/6/2022
                          passed by the Hon'ble member Judicial, the Bihar land
                          tribunal Patna in BLT case no 39/20120, whereby the
                          Hon'ble tribunal has set aside the order of dt 6/12/2019
                          passed by additional collector Bhagalpur in revision no
                          71/2019 and also has set aside the order dt 10/6/2019
                          passed by DCLR Bhagalpur in mutation appeal no 145 /
                          20198 and has affirm the order dt 24/12/2018 passed by
                          Anchal Adhikari Nath nagar in mutation case no
                          958/R27/2018-2019.
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                                      II. For issuance of writ/writs order/orders to set
                          aside the order to set aside the order dt 13/6/2022 passed
                          by the Hon'ble member Judicial, the Bihar land tribunal
                          Patna in BLT case no 39/20120, and affirm the order of dt
                          6/12/2019 passed by additional collector Bhagalpur in
                          revision no 71/2019 and also affirm the order dt 10/6/2019
                          passed by DCLR Bhagalpur in mutation appeal no
                          145/2019 and further to set aside the order dt 24/12/2018
                          passed by Anchal Adhikari Nath nagar in mutation case no
                          958R/2018-2019.
                                      III. To grant any other appropriate reliefs, for
                          which petitioner may deemed entitled under the fact and
                          circumstance of the case.”


                      3. It is admitted fact that the parties are close relatives,

          and it has been submitted by private respondent no. 7, Md.

          Awaiz Zama Khan, who is present in Court, that the land in

          question is valued at approximately rupees five crore, and the

          same has been disputed by the petitioners, who allege that

          respondent no. 7 seeks to dispossess them by executing a forged

          sale deed without disclosing the particulars of the share he

          actually claims.

                      4. Having regard to the reliefs as prayed for in the writ

          petitions and the nature of dispute, the parties may proceed to

          mediation in terms of the Mediation Act, 2023, and in light of

          the advancements made as on date under the Mediation 2.0

          framework, which aims to reduce the court backlogs and

          provide quicker and cheaper justice, ensuring globally aligned

          approach to Alternative Dispute Resolution (ADR).
Patna High Court CWJC No.10781 of 2022(7) dt.19-01-2026
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                      5. The learned Principal District Judge, Bhagalpur is

          directed to go for pre-litigation mediation between the parties by

          issuing notice to all those, who are interested in the matter in

          respect of the land in question.

                      6. So far as present writ petitions are concerned, I

          don’t find any illegality in the order passed by the Bihar Land

          Tribunal, Patna, taking into consideration the admitted fact that

          the petitioners are still in the possession of the land and they

          have not been disturbed from it, though it has been denied in the

          court by respondent no.7. The determination of title can only be

          adjudicated by a competent civil court having jurisdiction. To

          that extent also, I don’t find any illegality in the order of the

          Tribunal.

                      7. By way of caution, it is made clear that it has come

          to the knowledge of this Court that the property in Bhagalpur

          has gained its abrupt market value in recent times and the Circle

          Officers and the Revenue Authorities taking advantage of the

          same, on the basis of forged sale deed, pass illegal and arbitrary

          order. To check the alleged act of the revenue authorities at

          circle level, the District Magistrate, Bhagalpur is directed to

          collect information from all the concerned circles and Circle

          Officers and verify from the revenue records all lands in respect
           Patna High Court CWJC No.10781 of 2022(7) dt.19-01-2026
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                     of which mutation is sought on the basis of sale deeds, so as to

                     prevent such litigation arising out of the creation of documents

                     by any party, who in connivance with the Circle Officer create

                     evidence.

                                 8. In case the parties indulge in any criminal act and

                     file any criminal cases against each-other to grab the property

                     which is subject matter of the present writ petitions, the District

                     Magistrate and the Superintendent of police in that case, must

                     take immediate action against the concerned party/parties, who

                     want to alienate the property before a conscious decision is

                     arrived between the parties in pre-litigation mediation.

                                 9. The writ petitions, accordingly, stand disposed of.

                                 10. Interlocutory Application(s), if any, also stands

                     disposed of.



                                               (Purnendu Singh, J)
Sanjay/-

U


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