Patna High Court
Bechon KoharversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The petition is held to be infructuous and is dismissed, with an order for refund of the deposited amount.
Summary
The petitioners, members of the Kohar family, filed a writ petition challenging the Bihar Land Tribunal’s order of abatement in a pre‑emption case and the repeal of Section 16(3) of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, alleging procedural irregularities, violation of natural justice and infringement of their rights under the Hindu Succession Act. They sought certiorari to quash the tribunal’s order, a declaration that the amendment could not override their statutory rights, and a refund of the amount deposited. The respondents, the State of Bihar and its officials, defended the validity of the repeal and the tribunal’s order. The Court observed that due to a change in the law and circumstances relating to the pre‑emption matter, the petition had become infructuous. Consequently, the Court ordered the refund of the deposited amount and dismissed the writ petition as infructuous, without addressing the substantive merits.
Issues considered
- Whether the order of the Bihar Land Tribunal in the pre‑emption case can be quashed.
- Whether the repeal of Section 16(3) of the Bihar Land Reforms (Ceiling) Act without prescribed procedure is valid.
- Whether the amendment of Section 16(3) can abrogate the petitioners’ rights under the Hindu Succession Act.
- Whether the petitioners were denied natural justice in the repeal process.
Legislation cited
Subjects
- writ of certiorari
- land ceiling
- pre‑emption
- statutory repeal
- natural justice
- Hindu Succession Act
- infructuous petition
- refund
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.17412 of 2019
======================================================
1. Bechon Kohar S/o Dubari Kohar Resident of Village-Nonar,Post
Chhewari,PS Ramgarh, Dist.Kaimur at Bhabua
2. Ramadhar Kohar @ Barhu Kohar S/o Late Dubari Kohar Resident of
Village-Nonar,Post Chhewari,PS Ramgarh, Dist.Kaimur at Bhabua
3. Sukhari Kohar S/o Late Dubari Kohar Resident of Village-Nonar,Post
Chhewari,PS Ramgarh, Dist.Kaimur at Bhabua
4. Mahatim Kohar S/o Late Phulchand Kohar Resident of Village-Nonar,Post
Chhewari,PS Ramgarh, Dist.Kaimur at Bhabua
... ... Petitioner/s
Versus
1. The State of Bihar
2. The Collector, Kaimur at Bhabua
3. The Deputy Collector Land Reforms, Mohania,Kaimur
4. Shyed Baboo S/o Sukrullah Dhobi Resident of Village-Nonar,Post
Chhewari,PS Ramgarh, Dist.Kaimur at Bhabua
5. Thagni Devi W/o Late Miraza Kohar, Resident of Village-Nonar,Post
Chhewari,PS Ramgarh, Dist.Kaimur at Bhabua
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar Tiwari, Adv.
For the Respondent/s : Mr. Sajid Salim Khan (Sc25)
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 07-01-2026 Heard the parties.
2. The present application has been preferred for the
following relief(s):
(i) For issuance of appropriate
writ or writs cin the nature of Writ of
Certiorari' for quashing /setting aside the
order dated 28.03.2019 passed in Pre-
emption BLT Case No. 808/2017 passed by
Hon'ble Mr. Justice V. Nath, Chairman,
Patna High Court CWJC No.17412 of 2019(3) dt.07-01-2026
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Bihar Land Tribunal, Patna as dismissed as
abated in the following facts and
circumstances of the case.
(ii) For issuance of appropriate
writ or writs in the nature of Writ of
Certiorari' for quashing /setting aside the
order contained in Resolution No. LG-01-
15/2018/1569/ dated 25.02.2019, also
published in Bihar Gazette [Ext.-ord.]
No.279 dated 25.09.2019, issued by the
Department of Law, Govt. of Bihar whereby
and where under the Sub Section (3) of
Section 16 of the Bihar Land Reforms
(Fixation of Ceiling Area and Acquisition of
Surplus Land ) (Amendment) Act, 2019 has
been repealed without following procedure
like discussions, debate, seminars, work-
shops or proper Referendums of the Act of
1961 and the facts and circumstances of the
present case in question that means Sec. 16
(3) of the Land Ceiling Act, 1961 has been
repealed without circulating knowledge,
debate, discussion /public mandate and as
such highly volatile and against the spirit of
fundamental, human and natural rights of
the petitioners curtailing the provisions of
the Hindu Succession Act against the
petitioners.
(iii) For a Declaration that the
present amended provision of Section 16 of
Patna High Court CWJC No.17412 of 2019(3) dt.07-01-2026
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the Bihar Land Ceiling Act, 1961 can not
abrogate amend the substantive Statutory
Right under Hindu Succession Act of the
petitioners and as such Learned Tribunal
while passing the order of abatement could
have transferred the present matter before
competent Civil Court for proper
adjudication of the case.
(iv) For a declaration that the
petitioners are fighting over the issues since
many years and they have won their claim in
different competent courts in their favour.
(V) For a declaration that there is
great violation of Natural justice as well as
Human justice as petitioners were never
approached/ contacted and the present
provision of law initiated by state
government is highly unjust, improper,
incorrect, malicious, and above all not
susatained in the eye of law.
(vi) To hold and declare that the
instant matter of repeal of Act in question is
firstly to be circulated, discussed and
thereafter, it could have been decided after
proper knowledge and consent of general
people.
vii. For a declaration that existing
provision of Act under section 16(3) of the
Ceiling Act is correct, bonafide and should
be restored at ones for the ends of justice.
Patna High Court CWJC No.17412 of 2019(3) dt.07-01-2026
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viii. For grant of any other relief
or reliefs if the petitioners are found entitled
for.
3. Learned counsel for the petitioner submit that with
the changed circumstance/law relating to pre-emption matter,
the writ petition has become infructuous. However, the amount
deposited be directed to be returned.
4. Granting said liberty to get the refund, the writ
petition is disposed of as infructuous.
(Rajiv Roy, J)
Vijay Singh/-
U
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