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Patna High Court

Sangita KumariversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court declined to issue a mandamus and instead directed the petitioner to approach the Bhoodan Yagna Committee for the information, disposing of the writ petition.

Summary

Sangita Kumari filed a writ petition seeking a mandamus directing the State of Bihar (Collector, Gaya) and the Gaya District Bhoodan Yagna Committee to disclose details and documentary proof of land donated by raiyats in Village Kundkarai, and specifically the land allotted from certain plots, including 4 acres she claims under a 2009 will. She also requested that any unauthorized donation made in favor of certain respondents be declared illegal and void. The High Court held that, given the narrow relief sought, the petitioner should first approach the Bhoodan Yagna Committee with an application and requisite fee for the information. The Court directed the Committee to furnish the information in accordance with law if such an application is made, and consequently disposed of the writ petition without granting mandamus.

Issues considered

  • What relief, if any, can be granted by a writ of mandamus directing the State and Bhoodan Yagna Committee to provide details of land donations?
  • Whether unauthorized donations of the specified plot are illegal and void under applicable law.

Subjects

  • mandamus
  • writ petition
  • land donation
  • Bhoodan Yagna Committee
  • unauthorized donation
  • state collector
  • civil writ jurisdiction

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.17457 of 2023
                 ======================================================
                 Sangita Kumari W/o Satish Kumar Sinha, Permanent Resident of Village-
                 Kundkarai, P.O.-Raniganj, P.S. Imamganj, District-Gaya, Pin-824210,
                 presently Residing at Block No.-8, Quarter No.-1, High Court Quarter,
                 Adalatganj, P.O.-G.P.O., P.S. Kotwali, District-Patna, Pin-800001.
                                                                              ... ... Petitioner/s
                                                     Versus
           1.     The State of Bihar through the Collector, Gaya.
           2.    The Collector, Gaya, Collectoriate Gaya, P.O. and P.S.-Gaya, District-Gaya,
                 Pin-823001.
           3.    Gaya District Bhoodan Yagna Committee through its Secretary, Collectoriate
                 Gaya, P.O. and P.S.-Gaya, District-Gaya.
           4.    Anchal Adhikari, Imamganj, District-Gaya, Pin-823001.
           5.    Digvijay Prasad S/O Late Kauleshwar Prasad Resident of Mohalla- Tetaria,
                 (Near Devi Asthan), P.O.- Raniganj, P.S.- Imamganj, District- Gaya, Pin-
                 824210.
           6.    Dhananjay Prasad S/o Late Ganesh Prasad Resident of Mohalla- Tetaria,
                 (Near Devi Asthan), P.O.- Raniganj, P.S.- Imamganj, District- Gaya, Pin-
                 824210.
           7.    Jatan Das S/o Late Balak Das Resident of Mohalla- Tetarial, (Near Devi
                 Asthan), P.O.- Raniganj, P.S.- Imamganj, District- Gaya, Pin- 824210.
           8.    Ishar Das S/o Late Balak Das Resident of Village- Kundkarati, P.O.-
                 Raniganj, P.S.- Imamganj, District- Gaya, Pin- 824210.
           9.    Ram Wali Das S/o Late Bilat Das Resident of Village- Kundkarati, P.O.-
                 Raniganj, P.S.- Imamganj, District- Gaya, Pin- 824210.
           10. Ishwar Das S/o Late Bilat Das Resident of Village- Kundkarati, P.O.-
               Raniganj, P.S.- Imamganj, District- Gaya, Pin- 824210.
           11. Madan Bharati S/o late Nago Bhuiyan Resident of Village- Kundkarati, P.O.-
               Raniganj, P.S.- Imamganj, District- Gaya, Pin- 824210.
           12. Pravesh Bharti S/o Late Sukan Bhuiyan Resident of Village- Kundkarati,
                P.O.- Raniganj, P.S.- Imamganj, District- Gaya, Pin- 824210.
                                                                         ... ... Respondent/s
               ======================================================
                 Appearance :
                 For the Petitioner/s  :         Mr.Bal Bhushan Choudhary, Advocate
                 For the Respondent/s  :         Mr.Ajay Behari Sinha, GA-8
                 For Bhoodan Committee :         Mr. Rajni Kant Singh, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   24-03-2026                   Heard Mr.Bal Bhushan Choudhary, learned counel

                   for the petitioner and the State as also Bhoodan Yagna

                   Committee.
Patna High Court CWJC No.17457 of 2023(2) dt.24-03-2026
                                           2/3




                      2. The present petition has been preferred for the

          following relief/s:

                                  (i) a writ of Mandamus be issued directing

                                  the Respondents 1 set to furnish details of

                                  the land donated by the Raiyats which are

                                  situated       in       Village-Kundkarai,      P.O.-

                                  Raniganj,       P.S.-Imamganj,       District-Gaya

                                  along with documentary proof of alleged

                                  donation of land and confirmation of such

                                  donation by the Bhoodan Yagna Committee;

                                  (ii) the Respondents 1ª set be further directed

                                  to produce the details of the land donated to

                                  the landless persons by the Bhoodan Yagna

                                  Committee out of C.S. Plot No. 799(old),

                                  1560 and 1663 (New) appertaining to Khata

                                  No. (old) 85 situated in Village-Kundkarati,

                                  P.O.-Raniganj,          P.S.-Imamganj,       District-

                                  Gaya having total area 12 Acre out of which

                                  4 Acre belongs to and in possession of the

                                  Petitioner vide WILL dated 20.03.2009 in

                                  respect of which Test Case No. 09/2023 is

                                  pending in the Hon'ble High Court;
         Patna High Court CWJC No.17457 of 2023(2) dt.24-03-2026
                                                    3/3




                                           (iii) any donation made by unauthorized

                                           person     in    respect   of   said   plot   and

                                           consequent settlement if any alleged to be

                                           made in favour of the Respondents 3rd set

                                           are illegal and void in pursuance of which

                                           the alleged settlee be prohibited from going

                                           to the land of the Petitioner and settlement if

                                           any made in their favour be quashed.

                                3. In view of the limited prayer put forward by the

                   petitioner, liberty is granted to her to approach the Bhoodan

                   Yagna Committee seeking information.

                                4. In case, such application alongwith the requisite

                   fee is deposited, the Bhoodan Yagna Committee shall be taking

                   steps to furnish information which can be furnished in

                   accordance with law.

                                5. This order has been passed in the presence of

                   learned counsel representing the Bhoodan Yagna Committee.

                               6. The writ petition is disposed of.



                                                 (Rajiv Roy, J)
Ravi/-

U


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