Patna High Court
Sri Ramchandra Bhagwanji and Seven Other DeitiesversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The Division Bench order of 4 September 2013 is binding and cannot be reopened; the respondents must comply with it and the status‑quo on the land is to be maintained.
Summary
The petitioners, represented by the deities Sri Ramchandra Bhagwanji and seven others through their shebait, sought a writ of certiorari to quash the distribution of land to red‑card holders, contending that the land was already the subject of Land Ceiling Case No. 202 of 1973‑74, which a Division Bench had decided in their favour on 4 September 2013. They argued that the respondents, the State of Bihar and the Collectors, had no authority to reopen the settled case, especially after the repeal of Section 45B of the Bihar Land Ceiling Act. The respondents relied on a Circle Officer’s affidavit stating that any settlement under Sections 22 or 27 could be cancelled only after denotification, but the Court noted that the earlier judgment barred any such re‑consideration. Justice Roy held that the Division Bench order remains binding, the respondents have either ignored or mis‑applied it, and therefore must act in accordance with that order. Until the Collector decides, the status‑quo on the land must be maintained. The writ petition was consequently disposed with the observation that the petitioners may approach the Collector with the relevant documents.
Issues considered
- Can the distribution/settlement of land to red‑card holders proceed when the land is subject of a prior land‑ceiling case decided in favour of the petitioners?
- Do the respondents have authority to reopen or cancel the earlier settlement under Sections 22, 27, or the now‑repealed Section 45B of the Bihar Land Ceiling Act?
- Is the petitioners’ request for a writ of certiorari appropriate, and should the status‑quo be maintained pending compliance by the Collector?
Legislation cited
Subjects
- Land Ceiling
- Writ of Certiorari
- Status Quo
- Administrative Law
- Property Rights
- Red Card Holders
- Division Bench Order
- Repeal of Section 45B
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.15237 of 2023
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1. Sri Ramchandra Bhagwanji and Seven Other Deities through their Shebait
Sri Rajnish Choudhary Situated at Sita Ram Thakurbari, Village Rampur,
P.O. Dalan, P.S. Mufassil, Katihar.
2. Rajnish Choudhary Son of Late Ramesh Prasd Choudhary Resident of
Village-Rampur, P.S. Katihar, District-Katihar.
... ... Petitioner/s
Versus
1. The State of Bihar through Principal Secretary, Land Reforms, Bihar, Patna.
2. The Collector-Cum-District Magistrate, Purnea.
3. The Collector-Cum District Magistrate, Katihar.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rajan Ghoshrave, Advocate
For the Respondent/s : Mr.Md. Khurshid Alam (Aag12)
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
4 24-03-2026 Heard Mr. Rajan Ghoshrave, learned counsel for the
petitioners and the State.
2. The present petition has been preferred for the
following relief/s:
(i) for issuance of a writ of certiorari
quashing the distribution/settlement of lands
to the Red Card Holders as mentioned in the
report of the Circle Officer, Hasanganj
(Katihar), contained in Letter No. 756 dated
28.09.2020 as these lands were the subject
matter of the Land Ceiling Case No. 202 of
Patna High Court CWJC No.15237 of 2023(4) dt.24-03-2026
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1973-74 and decided in favour of the
petitioners on 04.09.2013 by a Division
Bench in C.W.J.C. No. 7323 of 1996.
3. The claim of the petitioners specially the petitioner
no.2 who is the care taker of the petitioner no.1 [Sri
Ramchandra Bhagwanji and seven other deities) is that pursuant
to the Division Bench order passed on 04.09.2013 in (Sri
Ramchandra Bhagwanji and seven other deities vs. the State
(C.W.J.C. No. 3436 of 1994)], the petitioners were in peaceful
physical possession on the land in question as it was cleared in
the said Division Bench order that respondents have no liberty
to reopen the concluded proceeding of Ceiling Case No. 202 of
1973-74.
4. However, since the year 2019, it was noticed that
the respondents are issuing ‘Purcha’ creating law and order
problem. As such, contempt petition was filed which was
dismissed with the observation that it has been filed after much
delay and not in line with the Contempt of Court’s Act which
mandates only one year period. Liberty, however, was granted to
the petitioner to file writ petition.
5. In that background, the present petition came to be
filed.
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6.Learned counsel for the petitioners submit that it
is an admitted fact that while his personal lands which led to the
Land Ceiling Case No.17 of 1973-74 was decided against him,
the Hon’ble Court made it clear that so far as the deities case
(the Land Ceiling Case No. 202 of 1973-74) is concerned,
cannot be reopened.
7. However, the continuous issuance of the ‘Parchas’
created problem with the deities and needs interference.
8 .A counter affidavit has come duly signed by the
Circle Officer, Hasanganj, Katihar and para-19 read as follows:
19. That with regard to the statement
made in paragraph No.16 it is stated
that no ground of claim of the
petitioners as raised in this para is
justified. Any Settlement Purcha issud to
landless persons under sec.22 or 27 of
the Ceiling Act, can only be cancelled
after denotification of previous
acquisitions Gazette. It is also made
clear here that the sec. 45 B of Ceiling
Act has now been repealed vide
Government Notification dated
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02.09.2016 and hence no authority is
competent to consider the matter again.
9. This Court has gone through the facts of the
case and the submissions made by the parties.
10. A judicial order/Division Bench order is
there in favour of the petitioners herein in the case of Sri
Ramchandra Bhagwanji (supra). Either the respondents have
failed to go through the paragraphs-55 and 56 of the aforesaid
order dated 04.09.2013 or they have deliberately disobeyed the
order. In either case, they are accountable for the said lapses.
11. Mr. Ghoshrave submits that it will suffice
if he is allowed to approach the Collector, Muzaffarpur
(respondent no.) alongwith all the relevant documents including
the order passed in Sri Ramchandra Bhagwanji (supra) but in
the meantime, the deities have to be protected.
12. This Court has recorded the facts of the case
and now when the petitioners are approaching the Collector,
Katihar, the ball is in his/her Court. He/she has to decide the
matter strictly in line with the order passed by the Division
Bench in the case of Sri Ramchandra Bhagwanji (supra) case
as recorded above.
13. Till he/she takes a decision, the status quo as
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existing today shall be maintained on the land in question.
14. The writ petition is disposed of with the
aforesaid observation.
(Rajiv Roy, J)
Ravi/-
U
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