Patna High Court

The State Of BiharversusBibi Salma Khatoon and Ors

Decided: 2 February 2026
Disposal: CONSIGNED
Bench: RAJIV ROY

Holding

The petition was dismissed as the respondents failed to comply with the notice and the challenged orders were deemed beyond the jurisdiction of the tribunal.

Summary

The State of Bihar was sued by a large group of petitioners comprising members of several families from Araria district. The petitioners sought writs to quash an order of the Bihar Land Tribunal (BLT Case No. 536 of 2013) and earlier orders dated 05‑01‑1998, 03‑07‑2007 and 12‑12‑2007 issued under Section 45B of the Bihar Land Reforms (Ceiling on Land Holdings) Act. Notices were issued to the respondents on 22‑07‑2025, but they failed to comply, leading to a peremptory rejection of the petition on 02‑09‑2025. The High Court then perused the file and consigned the matter, effectively dismissing the petition. The court’s decision rested on the respondents’ non‑compliance with the notice and the lack of jurisdiction of the challenged orders.

Issues considered

Whether the orders of the Bihar Land Tribunal and the earlier administrative orders under the Ceiling Act can be quashed for lack of jurisdiction
Whether the petitioners are entitled to relief in the absence of compliance with the notice issued to the respondents

Subjects

land ceiling
jurisdiction
writ petition
quashing order
Bihar Land Tribunal
notice compliance

Judgment

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.12079 of 2017
     ======================================================
     The State Of Bihar                                       ... ... Petitioner/s
                                         Versus
1.1. Parwez Alam S/o late Bibi Salma Khatoon and Md. Yusuf Resident of
      Village - Gogi Pothiya, P.S. Simraha, District- Araria.
1.2. Noorena Khatoon D/o Late Bibi Salma Khatoon and Md. Yusuf, Resident of
     Village - Gogi Pothiya, P.S. Simraha, District- Araria.
1.3. Bibi Shahena Khatoon D/o Late Bibi Salma Khatoon and Md. Yusuf,
     Resident of Village - Gogi Pothiya, P.S. Simraha, District- Araria.
1.4. Rahil Anwar S/o Late Nilofar Khatoon and Late Md. Zainuddin, Resident of
     Village - Rahika Tola, Ward No. - 17, P.S. - Araria, District- Araria.
1.5. Rajik Anwar S/o Late Nilofar Khatoon and Late Md. Zainuddin, Resident of
     Village - Rahika Tola, Ward No. - 17, P.S. - Araria, District- Araria.
1.6. Babli Khatoon D/o Late Nilofar Khatoon and Late Md. Zainuddin, Resident
     of Village - Rahika Tola, Ward No. - 17, P.S. - Araria, District- Araria.
1.7. Farhana Khatoon D/o Late Nilofar Khatoon and Late Md. Zainuddin,
     Resident of Village - Rahika Tola, Ward No. - 17, P.S. - Araria, District-
     Araria.
1.8. Doli Khatoon D/o Late Nilofar Khatoon and Late Md. Zainuddin, Resident
     of Village - Rahika Tola, Ward No. - 17, P.S. - Araria, District- Araria.
2.1. Ishtiyak Alam S/o Late Bibi Ashima Khatoon and Late Ayub Resident of
     Village - Dehti Dakshin, Post Office - Dehti, via- Madanpur, P.S. - Palasi,
     District- Araria.
2.2. Shadab Alam S/o late Bibi Ashima Khatoon and Late Ayub, Resident of
     Village - Dehti Dakshin, Post Office - Dehti, via- Madanpur, P.S. - Palasi,
     District- Araria.
2.3. Sohrab Alam S/o late Bibi Ashima Khatoon and Late Ayub, Resident of
     Village - Dehti Dakshin, Post Office - Dehti, via- Madanpur, P.S. - Palasi,
     District- Araria.
2.4. Md. Firoz Alam S/o Late Bibi Ashima Khatoon and Late Ayub, Resident of
     Village - Dehti Dakshin, Post Office - Dehti, via- Madanpur, P.S. - Palasi,
     District- Araria.
2.5. Md. Aslam S/o Late Bibi Ashima Khatoon and Late Ayub, Resident of
     Village - Dehti Dakshin, Post Office - Dehti, via- Madanpur, P.S. - Palasi,
     District- Araria.
2.6. Subhani Khatoon D/o Late Bibi Ashima Khatoon and Late Ayub, Resident
     of Village - Dehti Dakshin, Post Office - Dehti, via- Madanpur, P.S. - Palasi,
     District- Araria.
3.1. Sahab Ekram S/o Late Bibi Nasima Khatoon and Late Ekramuddin,
     Resident of Village - Giogi Pothiya, Ward No. - 12, Post Office - Pothiya,
     P.S. - Simraha, District- Araria.
3.2. Md. Shakil Ekram S/o Late Bibi Nasima Khatoon and Late Ekramuddin,
     Resident of Village - Gogi Pothiya, Ward No. - 12, Post Office - Pothiya,
     P.S. - Simraha, District- Araria.
3.3. Md. Zamal Ekram s/o Late Bibi Nasima Khatoon and Late Ekramuddin,
         Patna High Court CWJC No.12079 of 2017(5) dt.02-02-2026
                                                     2/3




                 Resident of Village - Gogi Pothiya, Ward No. - 12, Post Office - Pothiya,
                 P.S. - Simraha, District- Araria.
           3.4. Md. Shad Ekram S/o late Bibi Nasima Khatoon and Late Ekramuddin,
                Resident of Village - Gogi Pothiya, Ward No. - 12, Post Office - Pothiya,
                P.S. - Simraha, District- Araria.
           3.5. Bibi Nasrin Sultana D/o Late Bibi Nasima Khatoon and Late Ekramuddin,
                Resident of Village - Gogi Pothiya, Ward No. - 12, Post Office - Pothiya,
                P.S. - Simraha, District- Araria.
           3.6. Bibi Kishwar Sultana D/o late Bibi Nasima Khatoon and Late Ekramuddin,
                Resident of Village - Gogi Pothiya, Ward No. - 12, Post Office - Pothiya,
                P.S. - Simraha, District- Araria.
           3.7. Faiz Azam S/o late Zafar Ekram, Resident of Village - Gogi Pothiya, Ward
                No. - 12, Post Office - Pothiya, P.S. - Simraha, District- Araria.
           3.8. Kaif Azam S/o late Zafar Ekram, Resident of Village - Gogi Pothiya, Ward
                No. - 12, Post Office - Pothiya, P.S. - Simraha, District- Araria.
           3.9. Nazish Khanam D/o late Zafar Ekram, Resident of Village - Gogi Pothiya,
                Ward No. - 12, Post Office - Pothiya, P.S. - Simraha, District- Araria.
           3.1 Kaushar Jabeen W/o late Zafar Ekram, Resident of Village - Gogi Pothiya,
           0. Ward No. - 12, Post Office - Pothiya, P.S. - Simraha, District- Araria.
           4.    Bibi Qasima Khatoon Wife of Md. Habil Daughter of Late S.K. Hazi
                 Jamiruddin. All Resident of Village-Gori Pothiya, P.S. Simraha, District
                 Araria Bihar.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mr.AC to AAG-06
                 For the Respondent/s    :
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

5   02-02-2026                   Heard the parties.

                               2. The present petition has been preferred for the

                   following relief/s:

                                             (i) for the issuance of appropriate writ/writs,

                                             order/orders for quashing of order passed by

                                             Hon'ble Bihar Land Tribunal in BLT Case

                                             No. 536 of 2013 dated 05th May, 2014
         Patna High Court CWJC No.12079 of 2017(5) dt.02-02-2026
                                                    3/3




                                           whereby and where under, the order dated

                                           05.01.1998       passed   by   the   Additional

                                           Collector, Araria in Misc. Case No. 01 of

                                           Araria 1989-90 under Section 45 "B" of the

                                           Ceiling Act, order dated 03.07.2007 passed

                                           by the Collector, Araria (petitioner herein) in

                                           Ceiling Appeal No. 02 of 2000-01/26 of

                                           2005-06 and order passed by the Divisional

                                           Commissioner, Purnea in Ceiling Appeal No.

                                           37/2007, dated 12.12.2007 were set aside

                                           declaring them to be without jurisdiction,

                                           erroneous and illegal.

                               2. On 22.07.2025, notices were issued to respondent

                   nos.01 to 04 and the order was peremptory.

                               3. As the same was not complied, it stood rejected on

                   02.09.2025.

                               4. Perused the file, consigned.



                                                 (Rajiv Roy, J)
Ravi/-

U

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