Patna High Court
Amarnath PrasadversusThe State of Bihar,
- Decided
- Disposal
- CONSIGNED
- Bench
- RAJIV ROY
Holding
The petition was dismissed because the petitioners failed to comply with the court's direction to issue notices to the respondents.
Summary
The petitioners, a large group of individuals, filed a writ petition seeking to quash a common order dated 09-07-2008 passed by the LRDC, Sheikhpura, which had rejected their bataidari applications in several cases. They also asked the court to uphold the BDO's finding that they were in cultivating possession of the land and to declare that they had been bataidars for over twenty years prior to filing their applications. The court directed the petitioners on 21-07-2025 to issue notices to the respondents within four weeks. The petitioners failed to comply with this peremptory direction, and consequently, the court dismissed the petition on 13-08-2025. The dismissal effectively left the LRDC's original order intact.
Issues considered
- Whether the 09-07-2008 order of the LRDC rejecting the bataidari petitions should be quashed
- Whether the BDO's finding of cultivating possession by the petitioners is legally valid
- Whether the petitioners can be declared bataidars for more than twenty years prior to their applications
Subjects
- bataidari
- land reform
- quash order
- cultivating possession
- LRDC
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.15916 of 2008
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1. Amarnath Prasad Son of Sri Tarani Prasad, Resident of Village - Baraia
Bigha, P.S. - Sheikhpura, Distt. - Munger. (At present Distt. - Sheikhpura)
2.1. Abhimanu Kumar Son of Late Damodar Prasad, Resident of Village - Baraia
Bigha, P.S. - Sheikhpura, Distt. Sheikhpura.
2.2. Ashish Kumar Son of Late Damodar Prasad, Resident of Village - Baraia
Bigha, P.S. - Sheikhpura, Distt. Sheikhpura.
2.3. Manish Kumar Son of late Damodar Prasad, Resident of Village - Baraia
Bigha, P.S. - Sheikhpura, Distt. Sheikhpura.
2.4. Satyendra Kumar Son of late Damodar Prasad, Resident of Village - Baraia
Bigha, P.S. - Sheikhpura, Distt. Sheikhpura.
3. Nawal Kishore Sinha Son of Late Ram Chandra Prasad, Resident of Village
- Baraia Bigha, P.S. - Sheikhpura, Distt. - Munger. (At present Distt. -
Sheikhpura)
4. Sunil Prasad Son of Late Ram Chandra Prasad, Resident of Village - Baraia
Bigha, P.S. - Sheikhpura, Distt. - Munger. (At present Distt. - Sheikhpura)
... ... Petitioner/s
Versus
1. The State of Bihar, Bihar.
2. Deputy Collector Land Reform, Sheikhpura, Distt. - Sheikhpura.
3. Block Development Officer (BDO), Sheikhpura (Chairman of the Batai
Board).
4. Devnandan Prasad Son of Late Laxman Mahto @ Laxman Prasad, Resident
of Village Kazi Chak, Anchal - Sarmera, P.S. Sarmera, Distt. - Nalanda.
5. Ashok Prasad Son of late Bhagwat Mahto, Resident of Village Kazi Chak,
Anchal - Sarmera, P.S. Sarmera, Distt. - Nalanda.
6. Ashish Kumar Son of late Bhagwat Mahto, Resident of Village Kazi Chak,
Anchal - Sarmera, P.S. Sarmera, Distt. - Nalanda.
7.1. Arvind Kumar Son of Late Ramjee Mahto, Resident of Village - Kajichak,
P.S. - Sheikhpura, Distt. Sheikhpura.
7.2. Anil Kuamr Son of late Ramjee Mahto, Resident of Village - Kajichak, P.S. -
Sheikhpura, Distt. Sheikhpura.
7.3. Rajnish Kumar Son of late Ramjee Mahto, Resident of Village - Kajichak,
P.S. - Sheikhpura, Distt. Sheikhpura.
8. Siya Saran Pandey Son of Bhagwat Pandey, Resident of Village -
Kosumbha, P.S. - Sheikhpura, Distt. Munger (at present Distt. - Sheikhpura).
9. Sachhida Nand Pandey Son of Bhagwat Pandey, Resident of Village -
Kosumbha, P.S. - Sheikhpura, Distt. Munger (at present Distt. - Sheikhpura).
10. Manoj Yadav, Son of late Anup Yadav, Resident of Village - Lodipur, P.S. -
1. Sheikhpura, Disttt. - Sheikhpura.
11. Kanti Devi Wife of late Bhagirath Yadav, Resident of Village - Lodipur, P.S.
Patna High Court CWJC No.15916 of 2008(14) dt.19-01-2026
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1. - Sheikhpura, Distt. Sheikhpura.
11. Salo Yadav Son of Late Bhagirath Yadav, Resident of Village - Lodipur, P.S.
2. - Sheikhpura, Distt. Sheikhpura.
11. Sanjay Yadav Son of late Bhagirath Yadav, Resident of Village - Lodipur,
3. P.S. - Sheikhpura, Distt. Sheikhpura.
11. Vijay Yadav Son of late Bhagirath Yadav, Resident of Village - Lodipur, P.S.
4. - Sheikhpura, Distt. Sheikhpura.
12. Suma Devi Wife of Late Pyare Yadav, Resident of Village - Lodipur, P.S. -
1. Sheikhpura, Distt. Sheikhpura.
12. Shambhu Yadav Son of Late Pyare Yadav, Resident of Village - Lodipur, P.S.
2. - Sheikhpura, Distt. Sheikhpura.
13. Dakhiya Devi Wife of late Badri Yadav, Resident of Village - Lodipur, P.S. -
Sheikhpura, Disttt. - Sheikhpura.
14. Awadesh Yadav Son of late Bhagia Devi and Late Bhnu Yadav, Resident of
1. Village - Baraia Bigha, P.S. - Sheikhpura, Distt. Sheikhpura.
14. Abodh Yadav Yadav Son of late Bhagia Devi and Late Bhnu Yadav, Resident
2. of Village - Baraia Bigha, P.S. - Sheikhpura, Distt. Sheikhpura.
14. usha Devi Wife of Arjun Yadav (D/o late Bhagia Devi and Late Bhonu
3. Yadav), Resident of Village - Oyab, P.S. - Asthawan, Distt. - Nalanda.
14. Rita Devi Wife of Rudal yadav (Daughter of late Bhagia Devi and Late
4. Bhonu Yadav), Resident of Village - Kajichak, P.S. - Sarmera, Distt. -
Nalanda.
15. Gainour Yadav Husband of Khajwa Devi (now deceased), S/o late Gopi
Yadav, Resident of Village - Lodipur, P.S. - Sheikhpura, Disttt. - Sheikhpura.
16. Arjun Yadav Son of late Khajwa Devi and Gaibnour Yadav, Resident of
Village - Baraiya Bigha, P.S. - Sheikhpura, Distt. Sheikhpura.
17. Ramadhin Yadav Son of Late Khajwa Devi and Gainour Yadav, Resident of
Village - Baraiya Bigha, P.S. - Sheikhpura, Distt. Sheikhpura.
18. Sankar yadav Son of Late Khajwa Devi and Gainour yadav, Resident of
Village - Baraiya Bigha, P.S. - Sheikhpura, Distt. Sheikhpura.
19. Basanti Devi Wife of Kameshwar Yadav, Resident of Village Baraiya Bigha,
P.S. Sheikhpura, Distt. Sheikhpura.
20. Sushila Dev Wife of Raj Kumar @ Rajeshwar Prasad, Resident of Village -
Kosumbha, P.S. - Sheikhpura, Distt. - Sheikhpura.
21. Raj Kumar Prasad S/o Sri Ramadhin Prasad, Resident of Village -
Kosumbha, P.S. Sheikhpura, Distt. - Munger (at present Distt. Sheikhpura).
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kumar Malendu, Advocate
: Mr. Prashant Kumar Dwivedi, Advocate
For the State : Mr. Manoj Priyadarshi, SC-17
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
Patna High Court CWJC No.15916 of 2008(14) dt.19-01-2026
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ORAL ORDER
14 19-01-2026 Heard the parties.
2. The present petition has been preferred for the
grant of following relief(s):
“(i) for quashing the common order
dated 09.07.2008 (Annexure-11) passed by the
LRDC, Sheikhpura in bataidari cases no.1/86-87
(Amarnath Prasad vs. Laxman Mahto and
Others) which governs also case no.2/86-87
(Damodar Prasad vs Laxman Prasad and
others), 4/86-87 (Ram Chandra Prasad vs.
Laxman Prasad and others) by by which
Learned LRDC has rejected the bataidari
petitions of the writ petitioners (Annexures-1, 2
and 3 respectively);
(ii) to hold that the finding (Annexure-
8) of the BDO (Chairman of the Board
respondent no.3), that the petitioners are under
cultivating possession of the land in question is
just, legal and fit to be upheld;
(iii) to hold and declare that the
petitioners are bataidars over the land in
question for more than twenty years prior to the
Patna High Court CWJC No.15916 of 2008(14) dt.19-01-2026
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date of filing of their bataidari applications.”
3. In this case on 21.07.2025, a direction was given to
the petitioner to take steps for issuance of notices upon the
respondents in next four weeks.
4. As it was a peremptory order and not complied, it
stood dismissed on 13.08.2025.
5. Perused the file, consigned.
(Rajiv Roy, J)
vinayak/-
U
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