Patna High Court
Tallu TuduversusThe State of Bihar
- Decided
- Disposal
- CONSIGNED
- Bench
- RAJIV ROY
Holding
The petition was dismissed because the petitioners failed to remove the defects within the stipulated period, and the peremptory orders of the Deputy Collector were upheld.
Summary
Four petitioners from Sohasa village filed a writ petition in the Patna High Court seeking relief against orders dated 12 February 2025 and 25 February 2025 issued by the Deputy Collector, Land Reforms, Barsoi, which rejected their application alleging forceful dispossession by private respondents and sought rehabilitation. The petitioners contended that the orders were peremptory and that they were given a three‑week period on 29 January 2026 to remove the defects, which they allegedly failed to do. The Court noted that the deadline for removal of defects had expired and the orders remained unrevised, leading to their affirmation on 19 February 2026. No substantive merits of the dispossession claim were examined, as the procedural default was decisive. Consequently, the Court dismissed the petition, leaving the earlier orders of the Deputy Collector intact.
Issues considered
- What is the effect of the peremptory orders dated 12‑02‑2025 and 25‑02‑2025 rejecting the petitioners' application for relief?
- Did the petitioners comply with the three‑week deadline to remove defects as directed on 29‑01‑2026?
- Should the Court direct rehabilitation of the petitioners despite non‑compliance with the defect‑removal requirement?
Subjects
- land reform
- forceful dispossession
- rehabilitation
- writ jurisdiction
- procedural default
- land ceiling
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1228 of 2026
======================================================
1. Tallu Tudu son of Late Baraka Tudu resident of Village- Sohasa, P.S.-
Sohasa, District- Katihar.
2. Amit Tudu son of Late Karan Tudu resident of Village- Sohasa, P.S.- Sohasa,
District- Katihar.
3. Gangaram Marandi son of Late Fagu Marandi resident of Village- Sohasa,
P.S.- Sohasa, District- Katihar.
4. Babulal Soren @ Manjhi son of Late Nemu Soren @ Manjhi resident of
Village- Sohasa, P.S.- Sohasa, District- Katihar.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Revenue and land
Reform Department, Government of Bihar, Patna.
2. The Collector, Katihar.
3. The Additional Collector, Katihar.
4. The Deputy Collector Land Reforms, Katihar.
5. The Sub-Divisional Officer, Land Ceiling, Katihar.
6. The Anchal Adhikari, Kadwa Anchal, District-Katihar.
7. Shri Ram Sah son of Late Shyamanand Sah, resident of Village Katchaura,
P.O.- Kadwa, P.S.- Kadwa, District- Katihar, Pin Code-855113
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Arun Kumar Lal, Advocate
For the Respondent/s : Mr.Standing Counsel (23)
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 21-04-2026 Heard the parties.
2. The present petition has been preferred for the
following relief/s:
(i) against the order dated 12.02.2025 and
25.02.2025 passed by the learned Deputy
Collector, Land Reforms Barsoi in Land
Patna High Court CWJC No.1228 of 2026(3) dt.21-04-2026
2/2
Dispute Case No.68 of 2023-24 and the
Land Dispute Case No.72 of 2023-24 filed
by the petitioners as contained in Annexure-
P/3 and P/4 by by which the application
filed by petitioner against forceful
dispossession by Private Respondents has
been rejected and further Respondents be
directed to take step for rehabilitation to the
petitioners.
3. On 29.01.2026, three weeks time was granted to
remove the defect(s) and the order was peremptory.
4. As the same was not complied, it stood rejected on
19.02.2026.
5. Perused the file, consigned.
(Rajiv Roy, J)
Ravi/-
U
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