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Patna High Court

Ramesh Paswan and OrsversusThe State Of Bihar and Ors

Decided
Disposal
CONSIGNED

Holding

The petition was dismissed because the peremptory order issued to the respondent was not complied with.

Summary

The petitioners, sons of the late Narayan Paswan, filed a writ petition seeking to quash a Bihar Land Tribunal order dated 28‑03‑2018 that had annulled a Collector’s order granting them land under a Basgit Parcha. They also requested a direction restraining the respondents from disturbing their possession of the land. The High Court issued a notice to respondent No. 5 on 02‑12‑2025. The notice was a peremptory order, and the respondent failed to comply, leading the Court to dismiss the petition on 23‑12‑2025. Consequently, the reliefs sought by the petitioners were denied.

Issues considered

  • Whether the order of the Bihar Land Tribunal dated 28‑03‑2018 should be quashed
  • Whether the Collector’s order granting land under Basgit Parcha is valid
  • Whether the respondents can be restrained from disturbing the petitioners’ possession

Subjects

  • Land dispute
  • Basgit Parcha
  • Bihar Land Tribunal
  • Quashing order
  • Possession
  • Writ jurisdiction

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                             Civil Writ Jurisdiction Case No.18913 of 2018
                 ======================================================
           1.     Ramesh Paswan
           2.    Anil Paswan
           3.    Dinesh Paswan All sons of Late Narayan Paswan Resident of Village -
                 Jirwa, P.S. Shankarpur, District - Madhepura.
                                                                    ... ... Petitioner/s
                                                     Versus
           1.    The State Of Bihar
           2.    The Collector-cum-District Magistrate, Madhepura.
           3.    The Sub Divisional Magistrate, Madhepura.
           4.    The Circle Officer, Shankarpur, District - Madhepura.
           5.     Ranjan Kumar Singh Son of Sri Ram Bachan Singh Resident of Village -
                  Birpur, P.S. - Jurawanpur, District - Vaishali, at present resident of village -
                  Jirwa, P.S. Shankarpur, District - Madhepura.
                                                                              ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Bam Bahadur Jha, Advocate
                 For the State            :      Mr. Rishi Raj Sinha, SC-19
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

7   13-01-2026                    Heard the parties.

                                 2. The present petition has been preferred for the

                   grant of following relief(s):

                                                 “for     quashing       the     order    dated

                                        28.03.2018 in B.L.T. Case No. 651 of 2017

                                        passed by the Hon’ble Chairman, Bihar, Land

                                        Tribunal, Patna, whereby and where under the

                                        order dated 10.06.2017           in Basgit Parcha

                                        Revision Case No. 06/2016, passed by the

                                        Collector-cum-District Magistrate, Madhepura

                                        has been annulled, in a mechanical manner

                                        ignoring that the Basgit Parcha of 11 decimals
            Patna High Court CWJC No.18913 of 2018(7) dt.13-01-2026
                                                       2/2




                                         land appertaining to Mauza Jirwa, Thana No.

                                         207, Khata No. 656, Khesra No. 8378 was issued

                                         in favour of the father of the petitioners through

                                         a valid process by way of Basgit Parcha Case

                                         No. 10/1977-78 for home stead.

                                                     That this writ application is also being

                                         filed for issuance of a direction to the

                                         respondents not to disturb the possession of the

                                         petitioners over the land under parcha. That this

                                         writ application is also being filed for other

                                         relief as well. That this writ application is being

                                         filed for other reliefs for which the petitioner

                                         found entitled.”

                                  3. In this case on 02.12.2025, notice was issued to the

                      respondent no.5.

                                  4. As it was a peremptory order and not complied, it

                      stood dismissed on 23.12.2025.

                                  5. Perused the file, consigned.



                                                    (Rajiv Roy, J)
vinayak/-

U


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