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Patna High Court

Bharti Jha @ Bharti DeviversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The petition is dismissed for lack of joinder of necessary parties, with a direction that the petitioner approach the Collector to obtain a reasoned decision on the clerical error.

Summary

The petitioner, Bharti Jha, a widow, filed a writ petition seeking to quash a notification that erroneously listed certain lands of her late husband also under the name of her husband's uncle, Laxmeshwar Jha, in a land‑ceiling case. She alleged that the duplication was a clerical mistake and requested the respondents to refrain from acquiring or distributing the disputed lands. The State counsel argued that the petition should be dismissed for non‑joinder of the necessary parties, namely Laxmeshwar Jha and his heirs, and warned that entertaining the petition could reopen the land‑ceiling proceedings. The Court examined the land records, acknowledged the duplication, and held that correcting the clerical error does not amount to reopening the case but requires the participation of all interested parties. In the interest of justice, the Court directed the petitioner to approach the Collector of West Champaran, who should issue notice to the stakeholders and issue a reasoned decision, rather than entertain the writ. Consequently, the writ petition was disposed of.

Issues considered

  • Whether the writ petition seeking quashing of the land‑ceiling notification can be entertained despite the non‑joinder of necessary parties.
  • Whether rectifying a clerical error in land‑ceiling records constitutes a re‑opening of the original land‑ceiling proceeding.
  • Whether the Court can direct the Collector to resolve the dispute through notice and report.

Subjects

  • land ceiling
  • writ petition
  • non‑joinder
  • clerical error
  • rectification
  • collector
  • civil writ jurisdiction

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.15776 of 2019
                 ======================================================
                 Bharti Jha @ Bharti Devi Wife of Late Gyaneshwar Jha R/o Village-
                 Barharwa, P.S. Chanpatiya, District-West Champaran       ... ... Petitioner/s
                                                     Versus
           1.     The State of Bihar through Collector, West Champaran at Bettiah
           2.    The Collector West Champaran at Bettiah
           3.    The Sub Divisional Officer Bettiah
           4.    The Additional Collector Bettiah
           5.    The Land Reforms Deputy Collector Bettiah
           6.    The Circle Officer Sikta, District-Bettiah
           7.    The Circle Officer Chanpatiya, both District-West Champaran

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mr.Aditya Nath Jha, Advocate
                 For the Respondent/s    :        Mr.Rishi Raj Sinha (Sc19)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

7   09-02-2026                   Heard Mr. Aditya Nath Jha, learned counsel for the

                   petitioner and the State.

                               2. The present petition has been preferred for the

                   following relief/s:

                                             (i) for issuance of an appropriate writ/writs

                                             quashing    the   notification      contained   in

                                             Annexure-2 of this application passed in Land

                                             Ceiling Case No.35/1975-76 and for a

                                             direction to the respondents to abstain

                                             themselves from taking steps to acquire or

                                             distribute the landa detailed in Annexure-4

                                             which are lands of petitioner's husband and

                                             were subject matter of land Ceiling Case No.
Patna High Court CWJC No.15776 of 2019(7) dt.09-02-2026
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                                  340 of 1975-76 initiated against petitioner's

                                  husband but wrongly clubbed with the lands of

                                  Laxmeshwar Jha against whom land Ceiling

                                  Case No. 35/1975-76 was initiated.

                       3. The petitoner is widow of the land holder

          Gyaneshwar Jha who faced the Land Ceiling Case No. 35/1975-76

          in West Champaran relating to lands which is placed at Sikta, West

          Champaran.

                       4. The widow’s husband’s uncle, Laxmeshwar Jha was

          also part of the said proceeding and the lands which were released

          in their favour have been brought on record by way of Annexure-1

          and 2.

                       5. The contention is that certain piece of land in

          Mangalpur Sikta of different khatas and khesras have been

          incorporated both in the gazette publication of the petitioner’s

          husband as also her husband’s uncle, Laxmeshwar Jha causing

          complete confusion to the family. The contention is that those

          lands were actually allotted to them under the family consensus

          and as such the same has to be removed from the list of the land

          released in favour of Laxmeshwar Jha.

                       6. At the outset, learned State counsel points out that

          though the petitioner is claiming release of the land which also

          finds incorporated in the land details of Laxmeshwar Jha, he/heirs
Patna High Court CWJC No.15776 of 2019(7) dt.09-02-2026
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          have not been made party respondents in the case and as such, the

          writ petition is fit to be dismissed for non-joinder of the necessary

          parties. The contention in the counter affidavit is that this may lead

          to re-opening of the land ceiling proceeding.

                       7. Learned counsel for the petitioner submits that the

          said mistake has occurred but it will suffice that the respondents

          who themselves have committed wrong by incorporating the same

          land in both the notification of the widow’s husband as also

          Laxmeshwar Jha should look into the matter and pass a reasoned

          order.

                       8. This Court has gone through the land details of

          widow’s husband as also that of Laxmeshwar Jha. Admittedly, the

          some of the same lands have been recorded in both the columns of

          the widow’s husband as also the uncle of the widow’s husband.

          Deciding that which of the inclusion is correct, in the opinion of

          the court is not re-opening of the land proceeding inasmuch as, it

          can be clerical mistake which has to be rectified but only after

          hearing all the stake holders including the Laxmeshwar Jha, his

          heirs.

                       9. Learned State counsel has rightly pointed out the writ

          petition has been filed in the year 2019, seven years have lapsed,

          the petitioner’s claims that the entry in the land of Laxmeshwar

          Jha is incorrect, surprisingly, he/heirs have not been made party
         Patna High Court CWJC No.15776 of 2019(7) dt.09-02-2026
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                   respondents in the writ petition.

                                10. The writ petition on this count should have been

                   dismissed for non-joinder of the necessary parties. However, in the

                   interest of justice and since the coordinate benches earlier took

                   note of the aforesaid error in the record, it would be appropriate

                   that the petitioner approaches the Collector, West Champaran,

                   respondent no.2 with the prayer/supporting documents who shall

                   be issuing notice to the stake holders, getting a report and shall be

                   taking a reasoned decision.

                                11. It is once again made clear that the aforesaid order/

                   observation is only restricted to error in the record which the

                   petitioner has shown that the same piece of land has been recorded

                   in the list of released land to her husband vis-a-vis Laxmeshwar

                   Jha. The petitioner shall not be allowed to agitate any further point

                   in the representation that is to be filed by the her/heirs before the

                   respondent no.2, the Collctor, West Champaran.

                                12. The writ petition is disposed of.



                                                 (Rajiv Roy, J)
Ravi/-

U


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