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Patna High Court

Mosmat Nadiya Devi @ Nadiya MasumaversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court declined to grant the writ and disposed of the petition, directing the petitioner to seek alternative remedies.

Summary

Mosmat Nadiya Devi, a widow, filed a writ petition seeking a mandamus directing the State of Bihar and land officials to act on a 1992 ceiling case order, to recognize that land was illegally acquired under Section 15(1) of the Ceiling Act, to create a jamabandi in her name for specific plots, and to issue a land‑rent receipt. The petition relied on an enquiry report dated 01‑11‑1993 which alleged false application of raiyat land. The respondents included the State, the District Magistrate, the Additional Collector (Land Ceiling), the D.C.L.R., the Circle Officer and a private respondent. After hearing arguments, the court observed that the petitioner could pursue alternative remedies and did not entertain the writ. Consequently, the writ petition was disposed without granting any of the reliefs sought.

Issues considered

  • Whether the respondents are liable to issue a writ of mandamus directing them to act on the 1992 ceiling case order
  • Whether the land acquisition alleged to be under Section 15(1) of the Ceiling Act is illegal
  • Whether a jamabandi should be created in the petitioner’s name for the specified plots
  • Whether the respondents must issue a land‑rent receipt to the petitioner

Subjects

  • Land Ceiling
  • Mandamus
  • Writ Petition
  • Jamabandi
  • Land Acquisition
  • Ceiling Act
  • Bihar

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                             Civil Writ Jurisdiction Case No.13428 of 2023
                 ======================================================
                 Mosmat Nadiya Devi @ Nadiya Masuma Wife of Late Shyam Lal Oraon, D/o
                 Mahadeo Oraon, Resident of Village- Korgawan, P.S.- Haranganj, District-
                 Katihar.

                                                                   ... ... Petitioner/s
                                                    Versus
           1.    The State of Bihar the Principal Secretary Revenue Land Reforms
                 Department, Govt. of Bihar, Patna.
           2.    District Magistrate, Katihar.
           3.    The Additional Collector, Land (Ceiling), Katihar.
           4.    The D.C.L.R. Katihar.
           5.    The Circle Officer, Hasangang, Katihar.
           6.    Smt. Manti Devi, W/o Late Sant Lal Oraon, Resident of Village- Korgawan,
                 P.S.- Haranganj, District- Katihar.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mr.Dhirendra Singh, Advocate
                 For the Respondent/s    :        Mr.Raj Kishore Roy (Gp18)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   20-04-2026                  Heard the parties.

                               2. The present petition has been preferred for the

                   following relief/s:

                                             (i) to issue a writ in the nature of mandamus

                                             or any other appropriate writ / writs, order /

                                             orders, direction /directions commanding the

                                             respondents to enquire about the matter

                                             properly and act in term of order dated

                                             09.03.92 passed by the collector, Katihar in

                                             ceiling claim case no. 433 of 1992-92 in
Patna High Court CWJC No.13428 of 2023(2) dt.20-04-2026
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                                  which petition u/s 45(B) and 37 of ceiling

                                  act and under rule 51 of the ceiling rules

                                  filed by the petitioner;

                                  (ii) to direct the respondents to act in light of

                                  enquiry report dated 01.11-93 submitted by

                                  the Additional Collector, ceiling Katihar in

                                  Mise, ceiling case no. 433 of 1991-92 by

                                  which it is specifically stated that on the

                                  basin of false application of raiyatiland of

                                  the petitioner has been acquired u/s 15(1) of

                                  the ceiling act which is illegal;

                                  (iii) to direct the respondent to create the

                                  jamabandi       in      light   of   block   register

                                  revisional      survey      and      jamabandi    no

                                  revisional survey Khatiyan of Register-II

                                  which is in the name of late Dasho Uraon

                                  father in law of the petitioner. But till today

                                  the land bearing Mauza Korgama khata no

                                  115, 5, plot no. 504, 506, 508 and 512 total

                                  area 2.20 dismal was not recorded in the

                                  name of the petitioner according Khatiyan.

                                  Direct the respondent to issue land rent
         Patna High Court CWJC No.13428 of 2023(2) dt.20-04-2026
                                                    3/3




                                           receipt in favour of the petitioner till the-tilF

                                           today petitioner, the possession upon the

                                           land;

                                           (iv) any other relief or reliefs for which the

                                           petitioner found entitled under the facts and

                                           circumstances of the case,

                                3. After some argument, learned counsel for the

                   petitioner submits that he shall be exploring the alternate

                   remedy in the matter.

                                4. Granting said liberty, the writ petition is disposed

                   of.



                                                 (Rajiv Roy, J)
Ravi/-

U


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