Patna High Court
Surendra YadavversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The Court declined to set aside the Tribunal and Sub‑Divisional Officer’s orders and instead directed the petitioner to approach the Circle Officer for appropriate redress.
Summary
The petitioner, Surendra Yadav, filed a writ petition challenging two orders – one dated 11 May 2023 passed by the Chairman of the Bihar Land Tribunal and another dated 28 April 2022 passed by the Sub‑Divisional Officer, Araria – alleging they were issued without notice, proper fact‑finding and contrary to the earlier order of the Circle Officer granting him kaiyami right over the land. He also sought affirmation of the Circle Officer’s 18 May 2018 order and a stay of the impugned orders. The High Court examined whether the Tribunal and Sub‑Divisional Officer’s orders could be set aside by certiorari and whether the petitioner should be directed to approach the Circle Officer for redress. After hearing counsel, the Court held that the petitioner should pursue his grievance before the Circle Officer and did not interfere with the earlier orders. Consequently, the writ petition was disposed of without granting any relief.
Issues considered
- Whether the order dated 11 May 2023 of the Bihar Land Tribunal is liable to be set aside on grounds of lack of notice and improper fact‑finding.
- Whether the order dated 28 April 2022 of the Sub‑Divisional Officer, Araria, can be quashed under Section 48(D) of the Bihar Tenancy Act.
- Whether the Circle Officer’s order of 18 May 2018 granting kaiyami right to the petitioner is valid and should be affirmed.
- Whether a stay of the impugned orders is warranted pending resolution of the petition.
Legislation cited
- Bihar Tenancy Act — s. 48(D)
Subjects
- certiorari
- kaiyami right
- Bihar Land Tribunal
- Section 48(D)
- civil writ jurisdiction
- stay of order
- land reform
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.10908 of 2023
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Surendra Yadav S/o Late Sonelal Yadav, Resident of Village-Koskapur Tola
Bairakh, P.O.-Koskapur, P.S.-Raniganj, District-Araria.
... ... Petitioner/s
Versus
1. The State of Bihar through the Additional Secretary, Department of Land
Reforms and Revenue, Govt. of Bihar, Patna.
2. The Sub-Divisional Officer, Araria.
3. The Circle Officer, Raniganj Araria.
4. Anmol Yadav S/o Ganeshi Yadav, Resident of Village-Koskapur, P.S.-
Raniganj, District-Araria.
5. Sushil Yadav, S/o Ganeshi Yadav, Resident of Village-Koskapur, P.S.-
Raniganj, District-Araria.
6. Dhanti Devi, D/o Ganeshi Yadav, W/o Matru Yadav, Resident of Village-
Koskapur, P.S.-Raniganj, District-Araria.
7. Domi Yadav, S/o Kadam Lal Yadav, Resident of Village-Koskapur, P.S.-
Raniganj, District-Araria.
8. Bachan Yadav, S/o Late Sonelal Yadav, Resident of Vilalge-Koskapur Tola
Bairakh, P.s.-Koskapur, P.S. Raniganj, District-Araria.
9. Dinesh Yadav, S/o Late Sonelal Yadav, Resident of Vilalge-Koskapur Tola
Bairakh, P.s.-Koskapur, P.S. Raniganj, District-Araria.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Jitendra Kumar, Advocate
For the Respondent/s : Mr.Md. Khurshid Alam (Aag12)
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
5 20-04-2026 Heard the parties.
2. The present petition has been preferred for the
following relief/s:
(i) for issuance of appropriate order/orders,
direction/directions, especially in nature of
certiorari directing and commanding that
Patna High Court CWJC No.10908 of 2023(5) dt.20-04-2026
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setting aside the order dated 11.05.2023
passed in BLT Case No-130/2023, passed by
The Chairman, The Bihar Land Tribunal,
Patna whereby and where under without
issue notice to respondents and without
heard proper facts and circumstances
dismissed the appeal stating therein that
approach before Circle officer, Raniganj.
Araria whereas the Circle officer, Raniganj,
Araria already passed order after proper
verification;
(ii) for issuance of appropriate order/orders,
direction/directions especially in nature of
certiorari direction and commanding that
setting aside the order dated 28/04/2022
passed in Appeal Case No-11/2018-19 under
section 48(D) of B.T. Act passed by court of
Sub-Divisional Officer, Araria whereby he
remanded the matter before the Circle
officer. Raniganj, Araria to pass a fresh
order considering all the facts and after
proper investigation;
Patna High Court CWJC No.10908 of 2023(5) dt.20-04-2026
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(iii) for Further affirm the order dated
18/05/2018 passed by Circle Officer,
Raniganj in Case No 04/2017-18 under
section 48(D) of the B.T. Act whereby the
petitioner was given kaiyami Right in the
land in question after following the due
process of law;
(iv) during the pendency of writ application,
the operation of proceeding of order dated
11.05.2023 passed in BLT Case No-
130/2023 passed by The Chairman, Bihar
Land Tribunal, Patna and order dated
28.04.2022 passed in Appeal Case No-
11/2018-2019 passed by learned Sub-
Divisional officer, Araria, may kindly be
stay;
(v) for any other appropriate rule/rules,
order/orders, direction/directions by this
Hon'ble Court may found fit and proper to
the facts and circumstances as well as for
which the petitioner may be found entitled
thereto.
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3. After some argument, learned counsel for the
petitioner submits that in view of the consistent order passed by
the Sub-Divisional Officer as also the Bihar Land Tribunal dated
28.04.2022 and 11.05.2025, he shall be approaching the
concerned Circle Officer, Araria for the redressal of the
grievance.
4. Granting said liberty, the writ petition is disposed
of.
(Rajiv Roy, J)
Ravi/-
U
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