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Patna High Court

Moti SinghversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The petitioner is entitled to an immediate refund of Rs 1,43,000 with statutory interest, and the District Magistrate‑cum‑Collector must order the refund within eight weeks.

Summary

Moti Singh deposited Rs 1,43,000 under Section 16(3) of the Bihar Land Reforms (Fixation Land Ceiling Area and Acquisition of Surplus Land) Act, 1961 for a piece of land. The demarcation proceeding (Case No. 2/2011‑12) was later dropped following the 2019 amendment to the Act, prompting the petitioner to seek a refund of the amount with statutory interest. The respondents, various state officials, failed to act on the petition despite the petitioner’s request. The High Court condoned a 29‑day delay in filing and, after hearing, directed the District Magistrate‑cum‑Collector of Nalanda to refund the deposited sum immediately, with interest, and to pass a reasoned order if any difficulty arises. The court ordered that the entire process be completed within eight weeks from receipt of the order.

Issues considered

  • Whether the petitioner is entitled to a refund of the amount deposited under Section 16(3) after the demarcation case was dropped pursuant to the 2019 amendment.
  • Whether the court can direct the District Magistrate‑cum‑Collector to order the refund and award statutory interest.

Subjects

  • refund of land ceiling deposit
  • Section 16(3)
  • demarcation case dropped
  • statutory interest
  • District Magistrate
  • Bihar land reforms

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Civil Writ Jurisdiction Case No.18707 of 2025
                 ======================================================
                 Moti Singh S/o Vajir Singh, Resident of Ward No.2, Near Shiv Mandir,
                 Surumpur, P.O- Ghustawan, P.S.- Silao, District- Nalanda.

                                                                           ... ... Petitioner/s
                                                   Versus
           1.    The State of Bihar through its Principal Secretary, Department of Revenue
                 and Land Reforms, Government of Bihar, Patna.
           2.    The Principal Secretary, Department of Revenue and Land Reforms,
                 Government of Bihar, Patna.
           3.    The Commissioner, Nalanda Division, Biharsharif.
           4.    The District Magistrate, Nalanda.
           5.    The Deputy Collector, Land Reforms (D.C.L.R), Rajgir, District- Nalanda.
           6.    The Treasury Officer, Nalanda.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :       Mr. Suraj Kumar, Advocate
                 For the Respondent/s    :       Mr. Yogendra Pd. Sinha, AAG 7
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

3   23-03-2026                  Heard the parties.

                               2. The present writ petition has been preferred for

                   grant of following reliefs:-

                                                    “i)     for issuance of      appropriate
                                        writ/writs,       direction/directions   order/orders
                                        preferably in the nature of commanding and
                                        directing         the    Respondents      authorities
                                        concerned for refund of Rupee 1,43,000/-
                                        alongwith statutory interest which by deposited
                                        by the petitioner named above for a piece of
                                        land under section 16(3) of Bihar Land Reforms
                                        (fixation land ceiling area and acquisition of
                                        surplus land) at 1961 which was not executed
Patna High Court CWJC No.18707 of 2025(3) dt.23-03-2026
                                           2/3




                              despite of court’s order.
                                            ii) And/ or any other relief/reliefs for
                              which the petitioner is found entitled to in the
                              facts and circumstances of the case.”
                      3. In this case, the delay of 29 days in filing the writ

          petition stands condoned.

                      4. With the consent of the parties, the matter is being

          taken up for final hearing.

                      5. Learned counsel for the petitioner submits that a

          sum of Rs. 1,43,000/- was deposited through challan money but

          as the land Demarcation Case Proceeding No. 2/2011-12 has

          been dropped due to Amendment Act, 2019, naturally, he sought

          relief/refund of the amount. However, despite best of the efforts

          as the respondents failed to comply the writ petition.

                      6. Learned State Counsel submits that a decision has

          to be taken by the respondent no. 4, the District Magistrate,

          Nalanda.

                      7. In that background, the writ petition stands

          disposed of directing the respondent no. 4, (District Magistrate-

          cum-Collector, Nalanda) to take up the case of the petitioner in

          the aforesaid submission put forth by him and

                            (i) to refund the amount immediately as the

          Demarcation Case No. 2/2011-12 has been dropped pursuant to
            Patna High Court CWJC No.18707 of 2025(3) dt.23-03-2026
                                                       3/3




                      Amendment Act, 2019.

                                    (ii) If there is any difficulty, it has to pass a reasoned

                      order.

                                  8. The entire process should be completed within a

                      period of eight weeks from the date /receipt of production of

                      copy of this order.


                                                             (Rajiv Roy, J)

Ranjeet/-

U


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