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Patna High Court

Mahendra RamversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The petition is dismissed; the petitioner must prefer an appeal under Section 17 of the Bihar Bhoodan Yagna Act, 1954 within the stipulated period.

Summary

Mahendra Ram, a holder of a Bhoodan parwana dated 22‑08‑1970 for 3.29 acres in Nawada, challenged two orders: one dated 28‑07‑2025 cancelling the parwana and another dated 23‑09‑2025 cancelling the jamabandi. He sought to set aside both orders, obtain a stay, and a writ of prohibition to protect his possession. The State and the Bhoodan Yagna Committee argued that the petitioner must first invoke the remedy provided under Section 17 of the Bihar Bhoodan Yagna Act, 1954, as affirmed in earlier High Court decisions. The Court examined the precedents (CWJC Nos. 499, 322, and 90 of 2026) and concluded that the appropriate remedy is an appeal to the Collector, Nawada, under the said section. Consequently, the Court declined to interfere with the cancellation orders, directed the petitioner to file the appeal within four weeks, and disposed of the writ petition.

Issues considered

  • Whether the cancellation orders dated 28‑07‑2025 and 23‑09‑2025 can be set aside by this Court.
  • Whether the petitioner has a statutory remedy under Section 17 of the Bihar Bhoodan Yagna Act, 1954.
  • Whether a writ of prohibition or stay is appropriate pending the statutory appeal.

Subjects

  • Bhoodan
  • Land Reform
  • Parwana Cancellation
  • Jamabandi
  • Section 17 Appeal
  • Writ of Prohibition
  • Stay of Order
  • High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.1913 of 2026
                 ======================================================
                 Mahendra Ram Son of Late Dhano @ Dhanu Ram, Resident of village-
                 Mahsai, P.S.- Rajauli, District- Nawada.

                                                                        ... ... Petitioner/s
                                                 Versus
           1.    The State of Bihar through the Additional Chief Secretary, Revenue and
                 Land Reforms Department, Government of Bihar, P.S. Secretariate, District
                 Patna, Bihar.
           2.    The Chief Secretary, Land Reforms Department, Government of Bihar, P.S.
                 Secretariate, District Patna, Bihar.
           3.    The Joint Secretary, Land Reforms Department, Government of Bihar, P.S.-
                 Secretariate, District Patna, Bihar.
           4.    The District Magistrate-cum-Collector, Nawada, P.S. Nawada, District
                 Nawada, Bihar.
           5.    The Additional District Magistrate, Nawada, P.S. Nawada, District Nawada,
                 Bihar.
           6.    The Land Reforms Deputy Collector, Rajauli, P.S. Rajauli, District Nawada,
                 Bihar.
           7.    The Circle Officer, Rajauli, P.S. Rajauli, District Nawada, Bihar.
           8.    The Bhoodan Yagya Committee, through its Chairman, Gardanibagh, P.S.
                 Gardanibagh, District Patna, Bihar.
           9.    The Chairman, Bhoodan Yagya Committee, Gardanibagh, P.S. Gardanigabh,
                 District Patna, Bihar.
           10. The Official Minister, District Bhoodan Yagya Committee, Nawada, P.S.
               Nawada, District Nawada, Bihar.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Devendra Prasad Singh, Advocate
                 For the State            :        Mr. Dr. Md. Raisul Haque, SC-10
                 For the Resp. No. 8 to 10:        Mr. Rajni Kant Singh, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   05-02-2026                   Heard the parties.

                                2. The present petition has been preferred for the

                   grant of following relief(s):

                                              “(i) to set aside the order dated 28.07.2025
Patna High Court CWJC No.1913 of 2026(2) dt.05-02-2026
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                             as passed in Bhoodan Parcha Cancellation Case

                             No.21/2025-26 by the learned Land Reforms

                             Deputy Collector, Rajauli, Nawada (Respondent

                             No.6) whereby the Parwana bearing Parwana

                             No.202768 dated 22.08.1970 granted/issued to

                             the Parwana holder namely Jago Ram and

                             Mahendra Ram (petitioner) against the land

                             situated     at      Mauja-Rajauli,   Circle-Rajauli,

                             District Gaya (the then was) (now Nawada),

                             Thana No.184, Khata No.589/1603, Khesra

                             No.5985/9114, 5984/9108, 5941/9114 having an

                             area of 3.29 Acre out of which the share of

                             petitioner is the half of total area of 3.29 acre by

                             the Bhoodan Yagya Committee (Respondent

                             No.7 and 10) has been canceled.

                                  (ii) further to set aside the order dated

                             23.09.2025 as passed in JBCA No.75/2025-26 by

                             learned        Additional     Collector,    Nawada

                             (Respondent No.5), canceling the Jamabandi

                             bearing Jamabandi No.7/21 created with regard

                             to the land situated at Mauja- Rajauli Mahsai,

                             Thana No.184, Khata No.589 (old)/1603 (new),
Patna High Court CWJC No.1913 of 2026(2) dt.05-02-2026
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                             Khesra No.5984, 5985, 5941 corresponding

                             khata no.1603 plot no.9108, 9111 and 9114

                             having an area of 3.29 Acre in connection with

                             petitioner.

                                  (iii) and further a writ in the nature of

                             prohibition be issued directing and commanding

                             to the respondents concerned as well as to the

                             local authorities, to not disturb the peaceful

                             possession of the land in question of the

                             petitioner herein.

                                  (iv) and during pendency of the writ

                             application the operation of the order(s) dated

                             28.07.2025 and 23.09.2025 may kindly be

                             stayed.

                                  (v) any other relief(s) may be granted to the

                             petitioner for which he is entitled to in

                             accordance with law.”

                      3. Learned counsel representing the Bihar Bhoodan

          Yagna Committee, Mr. Rajni Kant Singh submits that similar

          situate such cases relating to Bhoodan Parcha Cancellation were

          taken up by the coordinate Benches of this Court and the same

          stand disposed of in the following terms and the relevant
Patna High Court CWJC No.1913 of 2026(2) dt.05-02-2026
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          paragraphs read as follows:

                            In CWJC No. 499 of 2026

                                  5. Considering the nature of dispute, this

                            writ application is disposed with a direction to

                            the petitioner to prefer appeal before the

                            Collector, Nawada under Section 17 of the

                            Bhoodan Act within a period of thirty days from

                            today. If such appeal is filed by the petitioner

                            along with condonation of delay petition, the

                            Collector, Nawada shall be obliged to decide the

                            same in accordance with law within a reasonable

                            time frame.

                            In CWJC No. 322 of 2026

                                  2. Learned counsel appearing on behalf of

                            the respondent nos. 8 to 10 - District Bhoodan

                            Yagna Committee submits that the petitioner has

                            remedy of appeal under Section 17 of The Bihar

                            Bhoodan Yagna Act, 1954 for the relief as prayed

                            for in the present writ petition.

                                  3.      In view of aforesaid submission, I am

                            not inclined to interfere in any manner.

                            Accordingly, the writ petition stands disposed of.
            Patna High Court CWJC No.1913 of 2026(2) dt.05-02-2026
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                                   4. Learned counsel for the petitioner submits that in

                      one such case, on 13.01.2026 in CWJC No. 90 of 2026 (Arjun

                      Ravidas vs. The State of Bihar & Ors.), time was granted to file

                      affidavit.

                                   5. The order asking respondents to file affidavit came

                      on 13.01.2026, the subsequent development took place on

                      19.01.2026 and 20.01.2026 by which the cases have been

                      disposed of.

                                   6. This Court do not deem it fit and proper to take a

                      different route. In that background, following the order passed

                      in CWJC No. 499 of 2026 (Karu Rajwanshi vs. The State of

                      Bihar & Ors.), the writ petition is disposed of directing the

                      petitioner to prefer appeal before the Collector, Nawada under

                      section 17 of the Bhoodan Act within a period of four weeks

                      from today and if such petition is filed, after condoning the

                      delay, the matter shall be taken up and disposed of in

                      accordance with law at an earliest.

                                   7. The writ petition is disposed of with the aforesaid

                      observation.



                                                    (Rajiv Roy, J)
vinayak/-

U


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