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Patna High Court

Md. Masik @ Md. Matik and OrsversusThe State Of Bihar and Ors

Decided
Disposal
DISPOSED

Holding

The writ petition is disposed of, directing the petitioners to approach the Collector for rehabilitation, without quashing the Additional Collector's order.

Summary

The petitioners, who are settlees of surplus land that was later de‑notified, challenged an order of the Additional Collector that cancelled the Jamabandi in their favour and sought protection from dispossession. They contended that despite a specific direction by the Collector dated 20‑02‑2001 that they should not be destabilised until an alternative rehabilitation arrangement was made, no such arrangement had been provided. The Court referred to a prior coordinate‑bench decision in Deven Rai & Ors. v. State of Bihar, which directed the petitioners to approach the Collector for rehabilitation. The State accepted the earlier order and raised no objection. Consequently, the Court disposed of the writ petition, directing the petitioners to file an application with the Collector within four weeks for appropriate rehabilitation, rather than quashing the Additional Collector’s order.

Issues considered

  • What is the effect of the Additional Collector's order cancelling the Jamabandi on the petitioners' title?
  • Whether the petitioners are entitled to protection from dispossession pending rehabilitation as per the Collector's earlier direction?
  • Whether the petitioners should approach the Collector for rehabilitation in accordance with the coordinate‑bench precedent.

Subjects

  • surplus land
  • Jamabandi
  • land rehabilitation
  • collector's direction
  • writ petition
  • land ceiling
  • alternative arrangement

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Civil Writ Jurisdiction Case No.1960 of 2017
                 ======================================================
           1.     Md. Masik @ Md. Matik Son of Late Neyaz Ali,
           2.    Md. Kasim @ Kasim, Son of Late Neyaz Ali,
           3.    Md. Ifrad @ Ifrad, Son of Late Neyaz Ali, All are residents of Village-
                 Perveli, P.S.- Kadwa, District- Katihar.

                                                                                ... ... Petitioner/s
                                                    Versus
           1.    The State Of Bihar
           2.    The Collector, Katihar.
           3.    The Additional Collector land Ceiling, Katihar.
           4.    The Circle Officer, Kadwa, Anchal- Kadwa, District- Katihar.
           5.    Nayan Kumari Devi, wife of Late Bindeshwari Prasad Bhagat,
           6.    Krishna Mohan Prasad Bhagat @ Krishna Mohan Bhagat, Son of Late
                 Bindeshwari Prasad Bhagat,
           7.    Hira Lal Bhagat @ Hira Lal Prasad Bhagat, son of Late Bindeshwari Prasad
                 Bhagat,
           8.    Shankar Prasad Bhagat @ Sheo Shankar Prasad Bhagat, son of Late
                 Bindeshwari Prasad Bhagat, All are residents of village- Parveli, P.S.-
                 Kadwa, District- Katihar.
           9.    Mukti Prasad Bhagat, Son of Late Saryug Prasad Bhagat, resident of
                 Village- Perveli, P.S.- Kadwa, District- Katihar.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr. Abdul Wadood, Advocate
                 For the Respondent/s   :      Mr. Dhurjati Kr. Prasad, GP-14
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

7   06-01-2026                 Heard the parties.

                               2. The present petition has been preferred for the

                   following relief(s):

                                             “(i) To quash the order vide Memo No.

                                  393 dated 30.5.2016 issued by the Additional

                                  Collector, Katihar by which he has accepted the
Patna High Court CWJC No.1960 of 2017(7) dt.06-01-2026
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                          proposal and cancelled the Jamabandi which was

                          made in favour of the petitioners and other persons

                          which has been sent by the Circle Officer, Kadwa

                          to the petitioners vide Memo No.1545 dated

                          5.12.16 contained in Annexure-7 and 8 to the writ

                          petition.

                                      (ii) To direct the respondents 1st set not

                          to dispossessed the petitioners from the land in

                          question over which they are in possession since

                          long.

                                      (iii) Any other relief or reliefs may be

                          given which will be just, proper and equitable in

                          the opinion of this Hon'ble Court.”

                      3. Learned counsel for the petitioner has taken this

          Court to an order dated 18.02.2025 passed by a Coordinate

          Bench in CWJC No. 2216 of 2017 (Deven Rai & Ors vs. The

          State of Bihar & Ors) and paragraph nos. 3 to 8 read as follows:

                                      “3.         The    petitioners   are   the

                          settlees/allottees of the land which was declared

                          surplus but subsequently was de-notified, after

                          order of the coordinate Bench passed in CWJC No.

                          12726 of 2013 vide order dated 15.09.2014.
Patna High Court CWJC No.1960 of 2017(7) dt.06-01-2026
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                                      4. After order of the coordinate Bench,

                          the Collector. Katihar passed an order dated

                          20.02.2001 denotifying the surplus land which had

                          already been settled to the petitioners and other

                          persons, but while passing the order dated

                          20.02.2001, the Collector, Katihar has specifically

                          directed that till the alternative arrangement to

                          rehabilitate the petitioners (the red card holders),

                          they should not be destabilized.

                                      5. Despite the specific direction of the

                          Collector, Katihar, no step has been taken for

                          rehabilitation of the petitioners.

                                      6. Learned counsel for the petitioners

                          submits that the only grievance of the petitioners is

                          that despite the specific order/direction of the

                          Collector, Katihar, the alternate arrangement for

                          their rehabilitation has not been made till date.

                                      7. Considering the above-mentioned

                          facts and circumstances, the Collector, Katihar is

                          directed to take appropriate steps for rehabilitation

                          of the petitioners, as per his earlier observation

                          dated 20.02.2001 passed in Miscellaneous Ceiling
          Patna High Court CWJC No.1960 of 2017(7) dt.06-01-2026
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                                    Case No. 615 of 1997 for which the petitioners

                                    shall make application before the Collector within

                                    a period of three weeks and the same shall be

                                    decided within a period of six months from the date

                                    of filing thereof in accordance of law.

                                                8. With these observation/direction, the

                                    writ petition stands disposed of.”

                                4. Learned counsel for the petitioners submit that they

                    may also be allowed to agitate the matter before the Collector in

                    line with the order passed in the case of Deven Rai (supra).

                                5. The State accepts that the aforesaid order has been

                    passed by a Coordinate Bench and has no objection.

                                6. In that background, the writ petition stands

                    disposed of in terms of Deven Rai (supra) case by directing the

                    petitioners to approach the Collector, Katihar in next four weeks

                    who shall be taking appropriate decision in the light of the facts

                    incorporated above alongwith the case of Deven Rai (supra).



                                                  (Rajiv Roy, J)
Adnan/-

U


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