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Patna High Court

Ambedkar Kumar Dayal @ Ambedkar PaswanversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court held that it was premature to adjudicate the petitioner's claim of crystallised possession and therefore dismissed the writ application.

Summary

The petitioner, Ambedkar Kumar Dayal, was allotted 0.25 decimal of land under a 1991 settlement patta and obtained a mutated Jamabandi in his favour. Private respondent No.8 subsequently disturbed his possession by constructing a hut, despite earlier BLDR orders (Case No. 05/2014 and Appeal No. 04/2015) confirming the petitioner's right to peaceful possession. The petitioner filed a writ seeking a mandamus directing the State authorities to act against the private respondent. The State argued that the earlier judgment in Ramowtar Lakhotia (C.W.J.C. No. 16494 of 2018) was inapplicable and that the petitioner should approach the Collector under the Bihar Land Mutation Act, 2011. The Court examined the relevance of Section 9(1) of the Bihar Land Mutation Act, 2011, Section 27(3) of the Bihar Land Reforms Act, 1961, and the concept of crystallisation of possessory rights, and concluded that it was premature to intervene. Consequently, the writ petition was dismissed.

Issues considered

  • Whether the petitioner has crystallised a possessory right over the allotted land sufficient to warrant a mandamus.
  • Whether Section 9(1) of the Bihar Land Mutation Act, 2011 is ultra vires and applicable in this context.
  • Whether the remedy for the petitioner lies before the Collector under the Bihar Land Mutation Act, 2011.
  • Whether the provisions of Section 27(3) of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 affect the petitioner's right to retain the land.

Legislation cited

Subjects

  • land mutation
  • possession
  • mandamus
  • welfare land allocation
  • crystallisation of right
  • ultra vires
  • land reform
  • jamabandi
  • civil writ jurisdiction

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.1402 of 2026
                 ======================================================
                 Ambedkar Kumar Dayal @ Ambedkar Paswan S/o Ram Prakash Paswan, R/o
                 Village-Dhabauli, Ward No. 09, P.S.-Lakho, District-Begusarai.

                                                                          ... ... Petitioner/s
                                                 Versus
           1.    The State of Bihar through the Additional Chief Secretary, Department of
                 Revenue and Land Reforms, Government of Bihar, Patna.
           2.    The Commissioner, Munger.
           3.    The District Magistrate cum Collector, Begusarai.
           4.    Additional District Magistrate cum A.D.M., Begusarai.
           5.    Deputy Collector Land Reforms cum D.C.L.R., Begusarai.
           6.    The Circle Officer, Begusarai.
           7.    The S.H.O. Lakho, Begusarai.
           8.    Deena Mahto, S/o Late Sri Mahto, R/o Village-Sirniya Sub Division and
                 District-Begusarai at present R/o Village-Mauza Dhabauli, P.S.-Lakho
                 Anchal cum Sub Division cum District-Begusarai.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mr.Manoj Kumar Singh, Advocate
                                                  Mr.Sunil Kumar Yadav, Advocate
                 For the Respondent/s    :        Mr.Raghwendra Kumar, Standing Counsel (22)
                                                  Mr.Rajesh Roy, AC to SC 22
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

2   31-01-2026                    Heard Mr. Manoj Kumar Singh along with Mr. Sunil

                   Kumar Yadav, learned counsels appearing on behalf of the

                   petitioner and Mr. Raghwendra Kumar, learned SC 22 along

                   with Mr. Rajesh Roy, learned AC to SC 22 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:-

                                                “That by way of writ petition the petitoner
                                    craves of indulgene of this Hon’ble Court for the issuane of
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                          writ in the nature of mandamus or an appropriate writ
                          order or orders direction & directions commanding the
                          respondents authorities to take appropriate action against
                          private respondent no.8, who is disturbing the petitioner in
                          his peaceful physical possession over the land situated the
                          Mauza Dhabauli Thana No.336 Khata No.376, Kheshra
                          No.299/41 having an area of 0.25 dismil which was
                          obtained through Patta No.35 dated 10.01.1991 issued by
                          the Collectorate and the petitioner further prays for other
                          consequencial relief or reliefs for which the petitioner is
                          entitled under the law.”

                      3. Learned counsel appearing on behalf of the petitioner

          submitted that the petitioner was allotted 0.25 decimal of land by

          virtue of Settlement Patta No. 35 dated 10.01.1991, bearing Khata

          No. 376, Kheshra No. 299/41, situated at Mauza Dhabauli, Thana

          No. 336. Pursuant thereto, the petitioner came into physical

          possession of the said land and started cultivating the same and he

          has got the land mutated in his favour and Jamabandi No.334

          has also been created.

                      4. It is further submitted that subsequently, Respondent

          No. 8, in connivance with his uncle, started disturbing the peaceful

          possession of the petitioner and forcibly constructed a hut over the

          said land. Accordingly, the petitioner filed BLDR Case No. 05/2014,

          which was allowed in favour of the petitioner vide order dated

          06.12.2014 . The said order was challenged by Respondent No. 8 by

          filing BLDR Appeal No. 04/2015, which was disposed of vide order

          dated 10.01.2015, whereby the petitioner was held entitled to

          peaceful possession over the disputed land. Despite the aforesaid

          orders, Respondent No. 8 continues to disturb the petitioner’s
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          possession. Hence, the present writ petition has been filed.

                      5. Learned counsel further submitted that in due

          course of time, the petitioner’s right has crystallized. The

          learned counsel has also relied upon the judgment passed by this

          Court in C.W.J.C. No. 16494 of 2018 (Ramowtar Lakhotia Vs.

          The State of Bihar & Ors.).

                      6. Per contra, learned counsel appearing on behalf of

          the State submitted that the judgment dated 10.04.2024 passed

          in C.W.J.C. No. 16494 of 2018 is not of any benefit to the

          petitioner as the said case is related to Jamabandi over which

          the petitioner / appellant of the said case had claimed their right

          and title on the basis of the Khatiyani Raiyat. The Division

          Bench had striked down the impugned Section 9(1) of the Bihar

          Land Mutation Act, 2011 to the extent it confers power upon the

          Additional Collector “to dispossess the person whose

          Jamabandi has been cancelled and to put in possession the

          legitimate owner/custodian of such land on such terms as may

          appear to be fair and equitable”. Learned counsel further

          submitted that corresponding Rules 13(11) and 13(12) of the

          Bihar Land Mutation Rules, 2012 has also been held ultra vires

          Article 300A of the Constitution of India, apart from that being

          beyond the scope & ambit of Entry 45 of List II of Schedule

          VII. Learned counsel having distinguished the case of the
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          petitioner in light of the judgment dated 10.04.2024 submitted

          that the petitioner has remedy before the Collector for claiming

          his right and relief as sought for.

                      7. Heard the parties.

                      8. Having heard the rival submissions, the petitioner

          has based his argument on the Division Bench judgment of this

          Court in the case of Ramowtar Lakhotia (supra). The provision

          of Section 9(1) of the Bihar Land Mutation Act, 2011 has been

          held to be ultra vires. Section 26 of the Act defines Jamabandi.

          This clarified that the procedure for cancellation of jamabandi

          can only be adopted in such cases where a person is aggrieved

          in respect of any land over which he has a title. In the present

          case, the petitioner has got mutated the land in his favour and

          Jamabandi No.334 has been created.

                      9. The petitioner has claimed and admitted that the

          said land was allotted to the petitioner under a welfare scheme

          providing land to the landless person and at the time of

          allotment, the petitioner was a landless person.

                      10. Section 27(3) of the Bihar Land Reforms

          (Fixation of Ceiling Area and Acquisition of Surplus Land) Act,

          1961 provides that “the land settled by the Collector under

          sub-section (1) shall be heritable but shall not be
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                      transferable”.

                                  11. I find that it is pre-mature for this Court to enter

                      into the question, as to whether, the petitioner has crystallized

                      their possessory right in view of the admitted position that the

                      the petitioner was landless and under the welfare scheme, he

                      was allotted a piece of land over which he was cultivating. The

                      District Magistrate cum Collector is required to verify, as to

                      whether, the petitioner has no land.

                                  12. The writ application, accordingly, stands disposed

                      of.



                                                (Purnendu Singh, J)
chn/-

U       .


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