Patna High Court
Mahendra RamversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
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
2/5
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
3/5
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
4/5
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
5/5
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
Checking your session…