Patna High Court

Rajendra Mandal @ Rejendra MandarversusThe State of Bihar

Decided: 15 April 2026
Disposal: DISPOSED
Bench: SOURENDRA PANDEY

Holding

The Court held that the petitioner must first make a fresh representation before the Additional Collector, who must hear the original land‑holder/legal heirs and the petitioner before deciding, and therefore the writ petition was disposed without granting mandamus.

Summary

Petitioner Rajendra Mandal, who purchased a parcel of land in 1977, challenged the declaration of that land as surplus under the Ceiling Act (Ceiling Case No. 69 of 1973‑74) on the ground that the authorities gave no notice, failed to conduct a proper enquiry under Section 5(i)(ii), and ignored the safeguards of Section 9(2). He sought a writ of mandamus directing the Additional Collector (Ceiling), Darbhanga, to release the land. The State argued that the purchaser could not be heard after such a long lapse and that the original land‑holder should be heard first. The Court, relying on its earlier order in C.W.J.C. No. 14493 of 2002 and analogous cases, directed the petitioner to file a fresh representation before the Additional Collector within four weeks and required the authority to hear the original land‑holder/legal heirs as well as the petitioner before passing a reasoned order within four months. The Court did not grant mandamus and disposed of the writ petition.

Issues considered

The purchaser’s right to be heard and obtain relief despite the lapse of time after a land is declared surplus under the Ceiling Act.
Whether the authorities complied with the procedural requirements of Sections 5(i)(ii) and 9(2) of the Ceiling Act in declaring the land surplus.
Whether a writ of mandamus can be issued directing release of the land without a fresh representation and hearing of all interested parties.

Subjects

land surplus
Ceiling Act
mandamus
writ petition
property rights
procedural fairness
representation
land reforms

Judgment

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                     Civil Writ Jurisdiction Case No.11430 of 2022
     ======================================================
     Rajendra Mandal @ Rejendra Mandar S/o Late Nanulal Mandal @ Late Nanu
     Mandar, Resident of Village - Auranga Usuri, Police Station - Baheri, Dist. -
     Darbhanga.


                                                                     ... ... Petitioner/s
                                        Versus
1.   The State of Bihar through Principal Secretary Revenue, Government of
     Bihar.
2.   The District Magistrate cum Collector, Darbhanga.
3.   The Additional Collector Ceiling, Darbhanga.
4.   The Deputy Collector Land Reforms, Darbhanga.
5.   The Circle Officer, Biraul, Darbhanga.


                                                                   ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s    :      Mr. Baidya Nath Prasad, Adv.
     For the Respondent/s    :      Mr. Sajid Salim Khan (SC-25)
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
     ORAL JUDGMENT
     Date : 15-04-2026

                        Heard Mr. Baidya Nath Prasad, the learned

      counsel for the petitioner and Mr. Sajid Salim Khan, the

      learned SC-25 for the State.

                        2. The present writ application has been filed for

      issuance of a writ in the nature of mandamus for a direction to

      the respondent authorities to release the petitioner’s land,
Patna High Court CWJC No.11430 of 2022 dt.15-04-2026
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         which has been declared surplus land by Ceiling Case No. 69

         of 1973-1974 illegally without any notice upon him and

         without proper enquiry under Section 5(i) (ii) by avoiding

         Section 9(2) of the Ceiling Act.

                         3. The learned counsel for the petitioner submits

         that his grievances shall be redressed if the present writ

         application be disposed of with a direction to the Additional

         Collector (Ceiling), Darbhanga (respondent No. 3) in terms of

         the order passed by this Court in C.W.J.C. No. 14493 of 2002

         & analogous cases, disposed of on 21.04.2005 (Annexure-2 to

         the writ application).

                         4. It has been submitted on behalf of the

         petitioner that he is the purchaser of the land in question,

         which has been declared to be surplus by the authorities

         concerned. It has further been submitted that the case of the

         petitioner is exactly similar to the case of one Yamun Mandal

         & Ors., which was also the subject matter in the batch of writ

         petitions, i.e., C.W.J.C. Nos. 768 of 2003.

                         5. Mr. Sajid Salim Khan, the learned SC-25,

         submits that the petitioner, being the purchaser, cannot be

         given the opportunity of being heard at such a belated stage

         and passage of time upon the disposal of the aforesaid writ
Patna High Court CWJC No.11430 of 2022 dt.15-04-2026
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         application. It has further been submitted that the Additional

         Collector (Ceiling), Darbhanga (respondent No. 3) can look

         into the matter, if the original land-holder from whom the

         petitioner has purchased the said land is heard before passing

         any order.

                         6. In view of the aforesaid submissions and

         taking into account the earlier order passed by this Court in

         aforesaid C.W.J.C. No. 14493 of 2002 & analogous cases, the

         petitioner is directed to make a fresh representation before the

         Additional Collector (Ceiling), Darbhanga (respondent No. 3),

         detailing his grievances, within a period of four weeks from

         today, who, on receipt of such representation, after taking into

         account the fact that the petitioner had purchased the property

         way-back in the year 1977 from the land-holder whose land

         has subsequently been declared to be surplus and after giving

         due opportunity of hearing to the original land-holder/legal

         heirs or legal representatives of the land in question apart from

         the other relevant parties including the petitioner, shall pass a

         reasoned order in accordance with law within a further period

         of four months of the receipt of such representation.

                      7. If the claim of the petitioner is found to be tenable,

         necessary sequel order shall also be passed by the concerned
             Patna High Court CWJC No.11430 of 2022 dt.15-04-2026
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                      respondent/authority within the aforesaid period.

                                  8. With the aforesaid observation/direction, the writ

                      petition stands disposed of.

                                  9. Interlocutor application(s), if any, also stands

                      disposed of accordingly.




                                               (Sourendra Pandey, J)
Praveen-II/-
AFR/NAFR                NAFR
CAV DATE                N/A
Uploading Date          15.04.2026
Transmission Date       N/A

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