Created by Fuzzy Cloud

Patna High Court

Udayanand BhagatversusThe State Of Bihar and Ors

Decided
Disposal
DISPOSED

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
                                            2/3




                             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
                                                      3/3




                                       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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.