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- WITHDRAWN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The writ petition is dismissed as withdrawn.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 Consequently, the court dismissed the petition as withdrawn.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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