Patna High Court
Sikandar YadavversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PURNENDU SINGH
Holding
The Court held that the District Magistrate‑Collector must examine the revenue records to determine the petitioners' landlessness and entitlement before any relief can be granted.
Summary
The petitioners, a group of landless individuals from Bhagalpur district, filed a writ petition seeking possession of land allotted to them under a scheme governed by a Parcha issued pursuant to an order dated 20-12-2007. The State respondents contested the petitioners' status as beneficiaries, filing a counter‑affidavit disputing their entitlement. The Court directed that the petitioners appear before the District Magistrate‑Collector to have their claim examined against the relevant revenue records to determine if they are indeed landless and whether any prior allotment exists. The Court ordered the District Magistrate‑Collector to call for and scrutinise all pertinent documents and to decide the matter in accordance with law. Accordingly, the writ petition was disposed without granting immediate possession.
Issues considered
- Whether the petitioners are entitled to possession of the land allotted under the scheme.
- Whether the petitioners are landless persons eligible for land allotment under the scheme.
Subjects
- land allotment
- landless
- writ petition
- possession
- revenue records
- district magistrate
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.16774 of 2021
======================================================
1. Sikandar Yadav S/O Naresh Yadav R/o Village - Punnakh, P.s. - Murhan,
Dist- Bhagalpur.
2. Meghu Mandal S/O Late Fuchho Mandal R/o village - Mohanpur, P.s. -
Goradih, Dist- Bhagalpur.
3. Sikandar Mandal S/O - Chhedi Mandal Resident of Village - Mohanpur, P.s.
- Goradih, District- Bhagalpur.
4. Suresh Yadav Son of Saukhi Yadav Resident of Village - Punmash, P.S. -
Goradih, District- Bhagalpur.
... ... Petitioner/s
Versus
1. The State of Bihar
2. District Magistrate Bhagalpur.
3. Sub. Divisional officer, Bhagalpur.
4. D.C.L.R., Bhagalpur.
5. Circle officer, Goradih circle, Dist - Bhagalpur.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Surendra Kumar Singh, Advocate
Mr. Raj Dular Sah, Advocate
For the Respondent/s : Mr. Atul Shankar, AC to SC 19
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
7 02-02-2026 Heard Mr. Surendra Kumar Singh along with Mr.
Raj Dular Sah, learned counsel appearing on behalf of the
petitioner and Mr. Atul Shankar, learned AC to SC 19 for the
State.
2. Petitioners have inter alia prayed for following
reliefs in the paragraphs No.1 of the writ petition:-
“That this writ application is being filed for
issuance of an appropriate writ/writs, direction/directions
commanding the respondents authorities to deliver the
possession of the land which was allotted to them in
pursuance of Parcha already issued to them in light of
order dated 20-12-2007 passed in CWJC No.3652/2004
filed by Parchadhari Sangh under district-Bhagalpur.”
Patna High Court CWJC No.16774 of 2021(7) dt.02-02-2026
2/2
3. In respect of the relief as sought for in the present
writ petition, a counter affidavit has been filed on behalf of the
State/respondents no.2 to5 and who in paragraph no.10 have
disputed the name of the petitioners to be beneficiaries for
allotment of the land in respect of scheme which governs to
issue parcha to landless persons.
4. The petitioners, in support of Annexure-1 (the list
of beneficiaries brought on record), shall appear before the
District Magistrate-cum-Collector, Bhagalpur, for consideration
of their claim and the relief as prayed for in the present writ
petition. The District Magistrate-cum-Collector, Bhagalpur is
directed to call for and examine the relevant revenue records
pertaining to the land in question, along with all connected
documents, and to determine first, as to whether, the petitioners
are landless as on date. If it is found that any land has already
been allotted to the petitioners by the Government, the same
shall be duly taken into account and the matter shall thereafter
be considered and decided in accordance with law.
5. The writ petition is, accordingly, disposed of.
(Purnendu Singh, J)
Sanjay/-
U
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