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Patna High Court

Sheo Pujan BaithaversusThe State of Bihar

Decided
Disposal
WITHDRAWN

Holding

The writ petition is dismissed as withdrawn.

Summary

The petitioners, Sheo Pujan Baitha and Ram Pujan Baitha, claimed possession of land (Khata No. 107, Khesra No. 282, 34 Decimal) in Mauza Banjari that had been settled in their father's name by the Bihar Bhoodan Yagna Committee in 1958, with rent paid regularly to the government. They were served a notice dated 27.08.2019 by the Circle Officer, Gopalganj, ordering them to vacate the land, alleging it had become government land and threatening forceful removal without any encroachment proceeding. The petitioners sought writs of certiorari and mandamus to set aside the notice, prevent disturbance of possession, and declare the notice void for lack of due process. The court heard the matter, and the petitioners subsequently withdrew the writ petition. Consequently, the court dismissed the petition as withdrawn.

Issues considered

  • What is the legal validity of the notice issued by the Circle Officer ordering the petitioners to vacate the land?
  • Whether the authorities can dispossess the petitioners without a proper encroachment proceeding or due process.
  • Whether the petitioners are entitled to writs of certiorari or mandamus to protect their possession of the land.

Subjects

  • land dispute
  • Bhoodan settlement
  • writ petition
  • certiorari
  • mandamus
  • government land
  • notice withdrawal

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.19461 of 2019
                 ======================================================
           1.     Sheo Pujan Baitha Son of Late Sheo Nandan Baitha @ Shivnan Dhobi
                  Resident of- Banjari Ward No. 11, P.S. and District- Gopalganj.
           2.    Ram Pujan Baitha Son of Late Sheo Nandan Baitha @ Shivnan Dhobi
                 Resident of- Banjari Ward No. 11, P.S. and District- Gopalganj.

                                                                              ... ... Petitioner/s
                                                 Versus
           1.    The State of Bihar through the Principal Secretary, Revenue and Land
                 Reforms, Govt. of Bihar, Patna.
           2.    The Principal Secretary, Revenue and Land Reforms, Govt. of Bihar, Patna.
           3.    The District Magistrate-cum- Collector, Gopalganj.
           4.    The Superintendent of Police, Gopalganj.
           5.    The Additional District Magistrate, Gopalganj.
           6.    The Sub Divisional Officer, Gopalganj.
           7.    The Deputy Collector Land Reform, Gopalganj.
           8.    The Circle Officer, Gopalganj.
           9.    The Officer-in- Charge, Gopalganj Police Station, Gopalganj.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :        Mr. Ranjeet Kumar Pandey, Adv.
                 For the Respondent/s   :        Mr. Md. Khurshid Alam (Aag12)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

4   20-01-2026                  Heard the parties.

                               2. The present application has been preferred for the

                   following relief(s):

                                                      (i) For issuance of writ/writs,
                                            order/orders or direction/directions in the
                                            nature of Certiorari for setting aside notice
                                            dated 27.08.2019 issued under the signature
                                            of Circle Officer, Gopalganj whereby and
                                            where under the petitioners have been
Patna High Court CWJC No.19461 of 2019(4) dt.20-01-2026
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                                 informed that the land of Bhoodan have
                                 become Govt. Land and the evidence
                                 produce by the petitioners are not acceptable
                                 and as such the petitioners have been
                                 directed to vacate land appertaining to
                                 Khata No. 107, Khesra No. 282, Area 34
                                 Decimal         situated       in     Mauza     Banjari
                                 otherwise FIR will be instituted and the land
                                 will be vacated with JCB forcefully, without
                                 any proceeding or without initiating any case
                                 of    encroachment             and    further   without
                                 providing any opportunity to the petitioners
                                 to satisfy the authority. The notice issued by
                                 the Circle Officer, Gopalganj neither bears
                                 letter no. nor any case no.
                                              (ii) For issuance of writ/writs,
                                 order/orders or direction/directions in the
                                 nature       of     Mandamus           directing    the
                                 respondent              authorities        particularly
                                 respondent        no.     8,    the    Circle   Officer,
                                 Gopalganj not to create any disturbance in
                                 the peaceful possession of the petitioners
                                 over land having Khata NO. 107, Khesra No.
                                 282, Area 34 Decimal in Mauza Banjari as
                                 the land in question has been settled in the
                                 name of father of the petitioners namely
                                 Shivnan Dhobi @ Sheo Nandan Baitha by
                                 Bihar      Bhoodan         Yagna       Committee     on
                                 08.05.1958 and thereafter lagan has been
                                 fixed and Jamabandi has been created in the
Patna High Court CWJC No.19461 of 2019(4) dt.20-01-2026
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                                 of petitioners and name the petitioners are
                                 paying rent to the Govt. regularly.
                                                (iii) For issuance of writ/writs,
                                 order/orders or direction/ directions in the
                                 nature mandamus directing the respondent
                                 authorities not to dispossess the petitioners
                                 from the land in question having Khata NO.
                                 107, Khesra No. 282, Area 34 Decimal in
                                 Mauza Banjari as the same land was initially
                                 belongs to Bihar Bhoodan Yagna Committee
                                 and has been settled in favour of father of the
                                 petitioners, thereafter Lagan was fixed,
                                 Jamabandi has been created and the
                                 petitioners are paying rent regularly to the
                                 Government.
                                                (iv) For issuance of writ/writs,
                                 order/orders             or     direction/directions
                                 declaring that the notices issued by the
                                 Circle        Officer,    Gopalganj    carries   no
                                 meaning in the eye of law as the same has
                                 been issued without following due process of
                                 law      or     even      without   initiating   any
                                 proceeding of encroachment.
                                                (v) For any other relief/reliefs for
                                 which the petitioners may be found entitle in
                                 the eye of law and in the facts and
                                 circumstances of the case may also be
                                 granted in favour of the petitioners.
                      3.    In the presence of learned State Counsel, Mrs.
           Patna High Court CWJC No.19461 of 2019(4) dt.20-01-2026
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                     Nutan Sahay, learned counsel for the petitioner, Mr. Rajesh

                     Kumar prays for withdrawal of the petition.

                                 4. Accordingly, the writ petition is dismissed as

                     withdrawn.



                                                   (Rajiv Roy, J)
Vijay Singh/-

U


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