Patna High Court
Mosmat Nadiya Devi @ Nadiya MasumaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
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
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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
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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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