Patna High Court
Anil Kumar ChaudharyversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
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
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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.
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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
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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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