Patna High Court
Udayanand BhagatversusThe State Of Bihar and Ors
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The petition was disposed of without granting the reliefs, with liberty to the petitioner or his heirs to re‑file the matter.
Summary
The petitioner, Udayanand Bhagat, filed a writ petition seeking the quashing of a notification and a Red Card issued under Section 15(1) of the Bihar Land Reforms (Fixation of Ceiling Area & Acquisition) Act, which purportedly declared his lands as surplus belonging to another landholder, Sanichari Devi, in a ceiling case. He asserted that the lands in question actually belong to him and asked the Court to direct a fresh notification excluding his lands, cancel the Red Card, and restrain the authorities from interfering with his possession. The respondents, including the State of Bihar and various district officials, opposed the reliefs. The Court observed that despite communications, no instruction was given by the petitioner, and therefore granted him liberty to re‑agitate the matter if he wishes. Consequently, the writ petition was disposed of without granting the reliefs sought.
Issues considered
- Whether the notification issued under Section 15(1) of the Bihar Land Reforms (Ceiling) Act can be quashed on the ground that the lands do not constitute surplus land of the other landholder.
- Whether the Red Card issued to Respondent No.7 can be cancelled as it allegedly pertains to lands belonging to the petitioner.
- Whether the petitioner is entitled to a fresh notification excluding his lands and to restrain the authorities from interfering with his possession.
Subjects
- land ceiling
- surplus land
- red card
- notification
- Bihar Land Reforms Act
- property rights
- writ petition
- civil writ jurisdiction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.19540 of 2018
======================================================
Udayanand Bhagat Son of Ratti Bhagat, Resident of Village- Khairidham,
Police Station- Forbesganj, District- Araria.
... ... Petitioner/s
Versus
1. The State Of Bihar.
2. The Collector, Araria.
3. The Additional Collector Ceiling Araria.
4. The Sub Divisional Officer, Forbesganj, Araria.
5. The Deputy Collector Land Reforms, Forbesganj, Araria.
6. The Circle Officer, Forbesganj, Araria.
7. Sadanand Ram, Son of Late Sudhan Ram, Resident of Village- Samoul,
Terasikund, Police Station- Forbesganj, District- Araria.
8. Sanichari Devi, W/o Chapatu Yadav, R/o Vill- Katahara, P.S.- Forbisganj,
Distt- Araria.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajendra Prasad Sah, Advocate
For the Respondent/s : Mr. Raj Kishore Roy -GP18
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
4 13-01-2026 Heard the parties.
2. The present petition has been preferred for the
grant of following relief(s):
“(i) for quashing of the Notification
published under section 15(1) of the Bihar Land
Reforms (Fixation of Ceiling Area &
Acquisition) Act(hereinafter to be referred as
(Ceiling Act) to the extent it has declared the
lands in question belonging to petitioner as
Patna High Court CWJC No.19540 of 2018(4) dt.13-01-2026
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surplus land of the land holder Sanichari Devi
w/o Chapat Yadav in a Ceiling Case started
against her.
(ii) for quashing of the Red Card
issued in favour of Respondent No.7 in respect to
the lands in question as surplus land of land
holder Sanichari Devi w/o Chapaty Yadav in a
Ceiling Case started against her whereas the
fact is that the land in question belongs to the
petitioner thus wrongly and erroneously shown
as surplus land of the aforesaid landholder.
(iii) for declaration that the lands in
question which belongs to the petitioner has/had
no concern with the lands of the landholder of
the Ceiling Case started against land holder
Sanichari Devi w/o Chapaty Yadav and could
not have been declared as surplus land showing
them to be lands of the landholder.
(iv) for a command to the Respondents
particularly the Ceiling Authorities of the Araria
District/Forbesganj Sub Division to issue a fresh
Notification under Section 15(1) of the Ceiling
Patna High Court CWJC No.19540 of 2018(4) dt.13-01-2026
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Act excluding the lands in question as also issue
appropriate order/Notification cancelling Red
Card issued in favour of Respondent No.7 to the
extent of lands of the petitioner.
(v) restrain the Respondents from
interfering with the peaceful and cultivating
possession of the petitioner over the lands in
question which is still in possession of the
petitioner.
(vi) for any other appropriate relief or
reliefs to which the petitioner may be deemed
entitled to.”
3. Mr. Sachin who has appeared before this Court
submits that despite communication, no instruction has been
given by petitioner.
4. In that background, granting liberty to the
petitioner/heirs to agitate the matter afresh if he/she/they so
want, the writ petition stands disposed of.
(Rajiv Roy, J)
Adnan/-
U
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