Patna High Court
Sumeshwar PrasadversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PURNENDU SINGH
Holding
A lessee who is not the owner cannot unilaterally convert agricultural land to non‑agricultural use; such conversion requires the owner's consent, and the DCLR’s order rejecting the application is upheld.
Summary
The petitioner, a lessee, applied under Section 5 of the Bihar Agricultural Land (Conversion for Non‑Agriculture Purposes) Act, 2010 to convert his lease‑hold agricultural land to non‑agricultural use. The Deputy Collector Land Reforms rejected the application, holding that the petitioner was not the owner and lacked the landowner’s consent. The petitioner challenged the order, arguing the rejection was arbitrary and based on a vague nuisance ground. The State defended the order, stating the lease agreement did not grant conversion rights to the lessee. The Court examined the definitions of “occupier” and “owner” in the Act and held that a lessee cannot alter the land’s classification without the owner’s consent. Consequently, the Court upheld the DCLR’s order and dismissed the writ petition, directing the petitioner to seek fresh permission from the landowner if he wishes to re‑apply.
Issues considered
- Can a lessee (occupier) seek conversion of agricultural land to non‑agricultural use under the Bihar Agricultural Land (Conversion for Non‑Agriculture Purposes) Act, 2010 without the landowner’s consent?
- Is the Deputy Collector’s order rejecting the conversion application legally valid?
- How are the terms ‘owner’ and ‘occupier’ to be interpreted under the Act?
Subjects
- land conversion
- leasehold
- agricultural land
- non‑agricultural use
- occupier vs owner
- Bihar Agricultural Land Act
- writ petition
- quashing order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.13762 of 2021
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Sumeshwar Prasad son of Kapileshwar Prasad resident of Village- Gopalganj,
P.S.- Islampur, District- Nalanda.
... ... Petitioner/s
Versus
1. The State of Bihar
2. The District Magistrate, Nalanda, Biharsharif.
3. The Sub- Divisional Officer, Hilsa, Nalanda.
4. The Deputy Collector Land Reforms, Hilsa Nalanda.
5. The Circle Officer, Parbalpur Block, Nalanda.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Abhinay Raj, Advocate.
For the Respondent/s : Mr.Arif Daula Siddiqui, AC to SC-25.
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL JUDGMENT
Date : 06-01-2026
Heard Mr. Abhinay Raj, learned counsel appearing
on behalf of the petitioner and Mr. Arif Daula Siddiqui, learned
counsel for the State.
2. The petitioner in paragraph no. 1 of the present
writ petition has sought, inter alia, following relief(s), which is
reproduced hereinafter:-
“1. That this writ application is being filed for
issuance of an appropriate writ for quashing of order
contained in Memo No. 130 dated 24.02.2020 issued by the
Deputy Collector, Hilsa, Nalanda, whereby the application
of the petitioner for conversion of his land from agricultural
to non-agricultural use has been rejected. A further
direction be issued calling upon the respondent to bring on
record the order passed by the Sub-Divisional Officer,
Hilsa, as referred to in the Memo No. 130 dated 24.02.2020
and the same be quashed.”
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3. Mr. Abhinay Raj, learned counsel appearing on
behalf of the petitioner submitted that the petitioner had made
an application under Section 5 of the Bihar Agricultural Land
(Conversion for Non-Agriculture Purposes) Act, 2010
(hereinafter referred to as “Act, 2010”) in requisite Form No.3
giving all the details before the competent authority notified
under the Act, 2010 for conversion of his land from agricultural
to non-agricultural purpose. Learned counsel submitted that
from the order impugned dated 24.02.2020 as contained in
Annexure-6 passed by the Deputy Collector Land Reforms,
Hilsa, Nalanda (hereinafter referred to as “DCLR”), no reason
has been assigned, why his application has been rejected. He
points out that only ground of rejection is that if the land is
converted for non-agricultural purpose, the same will create
nuisance in the area. It is submitted that without any evidence or
taking into consideration of any criminal activities or any report
obtained from the local police on the basis of inquiry, the order
cannot sustain. On these basis, learned counsel submitted that
the order is required to be set aside and quashed having passed
without application of mind.
4. Per contra, Mr. Arif Daula Siddiqui, learned
counsel appearing on behalf of the State submitted that a
Patna High Court CWJC No.13762 of 2021 dt.06-01-2026
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reasoned order has been passed as contained in Memo No. 130
dated 24.02.2020 by the DCLR assigning reason that the land
for which the petitioner has made an application for conversion
from agricultural to non-agricultural, he has taken the aforesaid
land on lease and without consent or any application made by
the original landholder, the DCLR has rightly rejected the
application of the petitioner and as such the order is supported
by the valid reasons and requires no interference by this Court.
5. Heard the parties.
6. The petitioner made an application before the
competent authority for conversion of his lease hold land from
agricultural to non-agricultural purpose on 23.07.2018 and
finally the said application was disposed of by the DCLR vide
reasoned order dated 24.02.2020 contained in Memo No. 130
rejecting the application of the petitioner on the ground that the
petitioner is not the owner of the land rather he is the lessee.
Petitioner has brought on record registered lease agreement
dated 18.07.2018 duly executed by Shri Ravindra Sharma, the
original landholder.
7. I have perused the terms and conditions of the
lease agreement which don’t grant any right to the petitioner to
change the very nature of the land which has been leased out to
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the petitioner nor the agreement binds the petitioner to make
payment of the rent to the Revenue Authority on behalf of the
lessor – the original landholder.
8. The Act, 2010 defines Occupier and Owner as
under:
(j) “Occupier” includes
(i) any person for the time being paying or liable to
pay the rent, or any portion of the rent, for the land or, for
the structure constructed thereon;
(ii) a rent free occupant;
(k) "Owner" includes any person for the time being
receiving or entitled to receive, whether on his own
account, or as an agent, trustee, guardian, manager or
receiver, for another person, or for any religious,
educational or charitable purpose, rent or profits for the
agriculture land or for the structure constructed on such
land and includes the following to whom the land have been
leased out by the State Government or the Central
Government:
(i) A lessee, if the land has been leased out by the
Government for any non- agriculture purpose deriving
income therefrom.
(ii) a Local Authority, if the land is vested in the Local
Authority and used for any non-agriculture purpose
deriving income therefrom.
9. No doubt, the petitioner has applied for
conversion of the agricultural land on the basis of him being the
occupier arising out of the lease agreement, which binds him
with the terms and conditions of the contract. The authority
cannot change the nature of the land at the instance of the
lessee, the petitioner of the present case.
10. In view of the clear differentiation between the
occupier and the owner of the land, I am not inclined to interfere
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with the order passed by the DCLR dated 24.02.2020, as
contained in Memo No. 130 (Annexure-6).
11. If the petitioner intends to apply afresh, he may
do so with the consent of the owner of the land.
12. The writ application, accordingly, stands
disposed of.
(Purnendu Singh, J)
mantreshwar/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 08.01.2026
Transmission Date NA
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