Patna High Court
Pauresh Kumar Harijan @ Paresh Kumar HarijanversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The order dated 28‑05‑2024 passed by the Sub‑Divisional Officer, Baisi is quashed as a direction cannot be delegated, and the Collector is directed to comply with the earlier High Court order.
Summary
The petitioners, a group of landowners, filed a writ petition seeking certiorari and mandamus to enforce a High Court order dated 01‑12‑2023 directing the District Magistrate of Purnea to dispose of their representation for permanent settlement of land within six months. Instead, the Sub‑Divisional Officer (SDO) of Baisi issued an order on 28‑05‑2024 rejecting the representation, allegedly contravening the earlier order. The Court held that a direction given to one respondent cannot be delegated to another and that the SDO’s order was ultra vires. Consequently, the Court quashed the SDO’s order and directed the Collector of Purnea to take up the matter and comply with the 01‑12‑2023 order, allowing the petitioners to file fresh representations within eight weeks. The writ petition was thereafter disposed of.
Issues considered
- Whether the direction issued by the High Court to the District Magistrate can be validly delegated to the Sub‑Divisional Officer.
- Whether the SDO’s order rejecting the petitioners’ representation is contrary to the earlier High Court order and therefore liable to be quashed.
- Whether the Collector is obligated to enforce the High Court’s order and hear the petitioners within the stipulated period.
Subjects
- certiorari
- mandamus
- land settlement
- permanent settlement
- delegation of direction
- administrative law
- High Court order compliance
- land reforms
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.11720 of 2025
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1. Pauresh Kumar Harijan @ Paresh Kumar Harijan Son of Pusalal Harijan,
Resident of Silla Raghunathpur, P.S- Rauta, District- Purnea.
2. Prabhash Kumar Harijan Son of Pusalal Harijan, Resident of Silla
Raghunathpur, P.S.- Rauta, District- Purnea.
3. Shakti Kumar Harijan @ Satyam Kumar Harijan @ Saktiyam Kumar
Harijan, Son of Pusalal Harijan, Resident of Silla Raghunathpur, P.S- Rauta,
District- Purnea.
4. Domni Devi Wife of Pusalal Harijan, Resident of Silla Raghunathpur, P.S.-
Rauta, District- Purnea.
5. Bappi Devi W/o Prabhu Kumar Harijan, Resident of Silla Raghunathpur,
P.S.- Rauta, District- Purnea.
6. Gita Devi Wife of Shyam Lal Harijan, Resident of Silla Raghunathpur, P.S.-
Rauta, District- Purnea.
7. Hemant Yadav Son of Harinath Yadav, Resident of Silla Raghunathpur, P.S.-
Rauta, District- Purnea.
8. Md. Zahiruddin Son of Wasiruddin, Resident of Village- Asja, P.S. Rauta,
District- Purnea.
9. Md. Zainuddin Son of Sukaru, Resident of Village- Asja, P.S. Rauta,
District- Purnea.
10. Md. Ashgar Son of Md. Abid, Resident of Village- Asja, P.S. Rauta, District-
Purnea.
11. Mateful Son of Nasiruddin, Resident of Village- Asja, P.S. Rauta, District-
Purnea.
12. Md. Abid Son of Nasiruddin, Resident of Village- Asja, P.S. Rauta, District-
Purnea.
13. Alim Son of Zumedin, Resident of Village- Asja, P.S. Rauta, District-
Purnea.
14. Matiur Rahman @ Manir Son of Late Md. Lukman Ali, Resident of Village-
Asja, P.S. Rauta, District- Purnea (Bihar).
... ... Petitioner/s
Versus
1. The State of Bihar through the Additional Chief Secretary-cum-Principal
Secretary, Revenue and Land Reforms Department, Govt. of Bihar, Old
Secretariat, Patna.
2. The District Collector-cum-The District Magistrate, Purnea.
3. The Additional Collector, Purnea.
4. Sub Divisional Officer, Purnea Sub-Division, District- Purnea.
5. The Deputy Collector, Land Reforms Purnea.
6. The S.D.O. Baisa Block, District- Purnea.
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7. The Circle Officer, Baisa Block, District- Purnea.
8. The Superintendent of Police, Purnea.
9. The Officer Incharge Routa Police Station, District- Purnea.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Manish, Advocate
Mr. Munish Om Prakash Singh, Advocate
For the Respondent/s : Mr. Standing Counsel (08)
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 30-03-2026 Heard the parties.
2. The present petition has been preferred for the
following relief(s):
“(a) For issuance of writ in the nature of
certiorari for quashing the order dated 28.05.2024
passed by the S.D.O. Baisi, Purnea where by and
where under he has rejected the representation
filed by the petitioners regarding permanent
settlement of land in question in the name of the
petitioners, which is contrary to the decision /
order and direction dated 01.12.2023 passed in
C.W.J.C. No. 7601/2022.
(b) For further issuance of writ in the
nature of mandamus directing/commanding the
concern respondents to make permanent settlement
/ renew the settlement of land in question situated
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at Mauza - Asja, Thana No.23, Anchal-Baisa,
District - Purnea to the petitioner no.1 to 3, and to
the petitioner no. 5 to 13 as well as also to renew
the settlement of land in question situated at Mauza
- Balia Toli, Thana No.25, Anchal Baisa, District -
Purnea to the petitioner no. 4.
(c) For the writ petitioners also pray
before this Hon'ble Court to hold and adjudicate
that the order passed by the S.D.O. Baisi, Purnea
dated 28.05.2024 (as contained in Annexure -P/6)
is contrary to the decision / order and direction
dated 01.12.2023 passed in C.W.J.C. No.
7601/2022 since as per order dated 01.12.2023,
the District Magistrate Purnea had been directed
to dispose of the representation which had been
filed by the petitioners in accordance with law
after hearing the parties, preferably within six
months from the date of receipt of copy of this
order.
(d) For directing/commanding the
concern respondents not to settle the land in
question to any other persons in view of the fact
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that the Land in question were earlier settled in the
favour of the petitioners.
(e) For directing the Circle Officer Baisa
Block , District - Purnea to maintain the status quo
in respect of the land in question till the final
disposal of the present writ application.
(f) For issuance of appropriate
writ/writs, order/orders, direction / directions for
fixing appropriate and adequate accountability on
the concern respondents / authorities / officials
because of whom, the Petitioners have been
dispossessed from the Land in question and the
concerned respondents subsequently made
settlement in favour others The petitioners are now
being unlawfully restrained from entering or
cultivating the land in question despite being the
lawful and legitimate Bandobast 66 Dharis".
(g) The writ petitioners also pray before
this Hon'ble Court to issue appropriate writ/writs
order / orders direction / directions , commanding
the concern respondents to prevent any harassment
while ensuring peaceful settlement of land.
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(h) For any other relief/ relies for which
the petitioners are entitled under the law and also
as per facts and circumstances of this case.”
3. Without going into the merit of the case, this Court
will straightaway take up the order dated 01.12.2023 passed by
the Coordinate Bench in the case of Prabhu Kumar Harijan &
Ors. vs the State of Bihar & Ors. (CWJC No. 7601 of 2022)
and the short order read as follows:
“Heard learned counsel for the parties.
2. This writ application has been filed
for directing respondent authorities to make
permanent settlement of the land bearing Mauza-
Baliatoli, Thana No. 25, Khata No. 7, Khesra No.
01, 2. Area- 2 Acre, Khesra No. 8, 2, Area- 2 Acre,
Khata No. 3, Khesra No. 01, Area- 1 Acre, Khata
No. 3, Khesra No. 1, Area- 2 Acre in the name of
the petitioners.
3. Learned counsel for the petitioners
submits that an application has been filed before
District Magistrate, Purnia (Respondent No. 2) on
03.03.2022 regarding settlement of the land in
question in the name of these petitioners but no
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action has been taken till date.
4. In view of the submission made on
behalf of the petitioners, District Magistrate,
Purnia (Respondent No. 2) is directed to dispose of
the representation which has been filed by the
petitioners on 03.03.2022 in accordance with law,
after hearing the parties, preferably, within a
period of six months from the date of receipt of
copy of this order.
5. Writ petition stands disposed of with
the aforesaid direction.”
4. Learned counsel for the petitioners submit that
thereafter, for compliance of the order of the Patna High Court,
they represented before the District Magistrate, Purnea but
instead, the order has been passed by the Sub Divisional Officer,
Baisi (Annexure-P/6) on 28.05.2024.
5. The submission is that an order was passed by the
Patna High Court but the Collector, Purnea chose to defy the
said order.
6. The counter-affidavit has come on behalf of the
respondents but no reason has been assigned why the order of
the Patna High Court, as recorded above, was defied and the
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Collector, Purnea chose not to pass any order.
7. Direction given to a respondent cannot be delegated
to any other respondent, in the opinion of this Court.
8. In that background, solely on this ground, the order
dated 28.05.2024 passed by the Sub Divisional Officer, Baisi is
quashed.
9. The Collector, Purnea is directed to take up the
matter and comply the order dated 01.12.2023 passed by the
Coordinate Bench by hearing the parties and take an appropriate
decision.
10. The petitioners undertake to file fresh separate
representation(s) before the Collector, Purnea in next eight
weeks who shall be deciding the matter in six months from the
filing of the representation.
11. With the aforesaid observation, the writ petition
stands disposed of.
(Rajiv Roy, J)
Adnan/-
U
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