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Patna High Court

Anil Kumar ChaudharyversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The writ petition is disposed of without granting any relief as the petitioner’s claim is unsubstantiated.

Summary

The petitioner, a land holder, sought a writ of prohibition to stop the issuance of rent receipts on land that was part of a surplus land acquisition and distribution case (01 of 1989‑90) and to declare that the parchas issued to beneficiaries had been cancelled, thereby negating any claim over the land. He alleged that despite cancellation of jamabandi for eight purchasers, rent receipts continued to be issued, forcing him to approach the court. The State denied the claim, stating that all parchas had been cancelled and no rent receipts were being issued. The court observed that the petitioner offered no documentary evidence to substantiate the alleged issuance of rent receipts and that the alleged purchasers were not parties to the suit, rendering the claim speculative. Consequently, without commenting on the merits, the court disposed of the writ petition, granting the petitioner liberty to seek information under the Right to Information Act.

Issues considered

  • Whether the respondent authorities can be restrained from issuing rent receipts on land subject to the surplus land acquisition and distribution case 01 of 1989‑90.
  • Whether the parchas issued to beneficiaries have been cancelled, thereby extinguishing any rights of the holders.
  • Whether the petitioner’s claim of ongoing rent receipt issuance is maintainable in the absence of documentary evidence.
  • Whether the court may grant liberty to the petitioner to obtain information under the Right to Information Act.

Subjects

  • land acquisition
  • surplus land distribution
  • rent receipt
  • prohibition writ
  • Parcha
  • Jamabandi
  • Right to Information
  • Civil writ jurisdiction
  • Patna High Court

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.19696 of 2025
                 ======================================================
                 Anil Kumar Chaudhary son of Late Bhagwan Chaudhary, resident of
                 Bharatkhand, P.S.-Parwatta, District-Khagaria

                                                                          ... ... Petitioner/s
                                                   Versus
           1.    The State of Bihar through the Principal Secretary Department of Revenue
                 and Land Reforms, Government of Bihar, Patna.
           2.    Principal Secretary, Department of Revenue and land Reforms, Government
                 of Bihar, Patna.
           3.    The District Magistrate-Cum-Collector, Purnia.
           4.    The District Magistrate-Cum-Collector, Khagaria.
           5.    The Additional Collector Ceiling, Purnia.
           6.    The Additional Collector, Khagaria.
           7.    The Deputy Collector, Khagaria.
           8.    Circle Officer, Parbatta, District-Khagaria.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :        Mr.Brij Nandad Prasad, Advocate
                 For the Respondent/s   :        Mr.Bijay Bhushan Prasad, AC to SC-13
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

4   31-03-2026                  Heard the parties.

                               2. The present petition has been preferred for the

                   following relief/s:

                                            (i) to issue and appropriate read, preferably

                                            in the nature of prohibition, restraining the

                                            respondent authorities from issuing any rent

                                            receipt in favour of any person with regard
Patna High Court CWJC No.19696 of 2025(4) dt.31-03-2026
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                                  to the land which was subject matter of land

                                  selling surplus land acquisition distribution

                                  case number 01 of 1989-90;

                                  (ii) to hold and declare that the Parcha

                                  issued to the beneficiaries, in land selling

                                  surplus land distribution case number 01 of

                                  1989-90, since have been cancelled as such

                                  the Parcha holders have no legal right to

                                  stake any claim over the land settled in their

                                  favour earlier;

                                  (iii) to grant any other relief(s) as may be

                                  deem fit and proper in the facts and

                                  circumstances of this case..

                       3. The petitioner is a land holder and a Ceiling Case

          No. 10 of 1991-92 was initiated against the family and

          ultimately culminated into the release of the land in question as

          detailed out in paragraph-06 as under:

                            Mouza Khata no. Plot no. Area in Acre Land belong to

                             Bhangaha 109 678             7.32 Santosh Kr. Singh
                            Tulla         679             1.08 of Jamunia Tole
                                                          8.40 P.S. Maner


                            Rupouli 1074          3176      2.03 Saryug Rai of
                                                   227      2.12 Rupouli P.S.
                                                          Banmankhi not known.
Patna High Court CWJC No.19696 of 2025(4) dt.31-03-2026
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                       4. The contention is that in the meantime, some

          landless were issued ‘Purchas’ but as the story unfolds, it

          continued only against two of them who got an order from the

          competent Court, for the rest 8, admittedly Jamabandi has been

          cancelled.

                       5. The contention is that still rent receipt is/are issued

          against them forcing him to move before the Court.

                       6. The State has filed affidavit and has denied the said

          claim of the petitioner and the contention is that Jamabandi has

          been cancelled with regard to all the ‘Parcha’ holders.

                       7. This Court has gone through the facts of the case

          and the submissions of the parties, the claim of the petitioner

          that the rent receipts are still being issued is bereft of any

          supporting documents. Worse, though the claim is that the rent

          receipts are issued to the eight of the Purchas holders, none of

          them have been made party respondents in the present case who

          can come forward and accept/refute the claim. The contention

          thus is only based on surmises and conjectures.

                       8. The petitioner concedes that no information

          whatsoever has been taken by him under Right to Information

          from the concerned circle office. The submission is that he shall

          be seeking RTI information regarding the land in question to
         Patna High Court CWJC No.19696 of 2025(4) dt.31-03-2026
                                                    4/4




                   ascertain whether parchas have been cancelled or not.

                                10. Granting said liberty and without commenting

                   further on the merit of the case, the writ petition is disposed of.

                                                 (Rajiv Roy, J)
Ravi/-

U


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