Patna High Court
Moti SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
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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