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Patna High Court

Jayant Singh @ Jayant KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Deputy Collector, Land Reforms, lacks jurisdiction to adjudicate title and possession, rendering the impugned order infirm.

Summary

The petitioners, brothers Jayant, Ajit and Chandan Kumar, claimed ownership of a 2 2/3 dismil plot in Masaurha based on a 1979 sale deed, while respondent Nand Kishore Sharma asserted a competing title. The Deputy Collector, Land Reforms (DCLR), acting under the Bihar Land Disputes Resolution Act, issued an order on 13‑01‑2026 declaring the respondent's right and directing the handover of possession, which the petitioners challenged by filing a writ petition for certiorari. The central issue was whether the DCLR had jurisdiction to determine title and possession, matters traditionally within the purview of civil courts. Relying on the Supreme Court’s decision in Faqruddin v. Tajuddin, the court held that revenue authorities cannot adjudicate title disputes and that the DCLR’s order was beyond its statutory powers. Consequently, the writ petition was dismissed and the petitioners were directed to seek relief in a competent civil court, with the status quo to be maintained pending such proceedings.

Issues considered

  • Whether the Deputy Collector, Land Reforms, has jurisdiction to decide questions of title and possession under the Bihar Land Disputes Resolution Act.
  • Whether the order dated 13‑01‑2026 declaring the respondent's right over the disputed land is illegal, arbitrary, and beyond the authority of the revenue officer.

Legislation cited

Subjects

  • land dispute
  • jurisdiction
  • revenue authority
  • title
  • possession
  • certiorari
  • Bihar Land Disputes Resolution Act
  • civil writ

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  Civil Writ Jurisdiction Case No.1997 of 2026
                 ======================================================
           1.     Jayant Singh @ Jayant Kumar Son of Late Uday Kumar @ Uday Kumar
                  Singh @ Uday Singh, resident of Village and Post-Masaurha, P.S-Paliganj,
                  District-Patna.
           2.    Ajit Singh @ Ajit Kumar, Son of Late Uday Kumar @ Uday Kumar Singh,
                 resident of Village and Post-Masaurha, P.S-Paliganj, District-Patna.
           3.    Chandan Kumar, son of Late Uday Kumar @ Uday Kumar Singh, resident
                 of Village and Post-Masaurha, P.S-Paliganj, District-Patna.

                                                                          ... ... Petitioner/s
                                                   Versus
           1.    The State of Bihar through the Secretary, Department of Revenue and Land
                 Reforms, Government of Bihar.
           2.    Deputy Collector, Land Reforms, Paliganj (Patna).
           3.    The Circle Officer, Paliganj (Patna).
           4.    Nand Kishore Sharma, Son of Late Ram Naresh Singh, resident of Village
                 and Post-Masaurha, P.S-Paliganj, District-Patna.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :       Mr.Arun Sharma, Advocate.
                 For the Respondent/s   :       Government Pleader (19)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

2   09-02-2026                 Heard learned counsel appearing on behalf of the

                   petitioners and learned counsel for the State.

                               2. The petitioners in paragraph no. 1 of the present

                   writ petition have sought, inter alia, following relief(s), which is

                   reproduced hereinafter:-

                                              “(1) For that the petitioners crave indulgence
                                  of this Hon'ble Court for issuance of an appropriate writ in
                                  the nature of certiorari for quashing the order dated
                                  13.1.2026 (Annexure-1) passed by Deputy Collector, Land
                                  Reforms, Paliganj, Patna (in short DCLR) in land Dispute
                                  Resolution Case No.44/2025-26 as contained in Annexure-
                                  P/1 whereby and whereunder learned D.C.L.R., Paliganj
                                  had wrongly and illegally declared the right of respondent.
                                  no.4 over the land in disputed Plot No.1286, Khata No.888,
Patna High Court CWJC No.1997 of 2026(2) dt.09-02-2026
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                          Mauza Masaurha, Thana No.305, Area 2.666 dismil and
                          Circle Officer, Paliganj and Thana-in-charge, Paliganj
                          were directed to ensure the handover of the possession of
                          the land in dispute.
                                       (ii) For that to pass any order/orders,
                          diction/direction, command/commands directing the
                          respondents to not interference in the peaceful possession of
                          the petitioner over the land in dispute and its use.
                                       (iii) For that the impugned order 13.1.2026
                          passed by respondent no.2 in Land Dispute Resolution Case
                          No.44/2025-26, Paliganj, Patna be declared as illegal,
                          arbitrary and without jurisdiction.
                                       (iv) For directing the official respondent to not
                          take any coercive step in the light of impugned order
                          contained in Annexure-1 till final disposal the writ
                          application.
                                       (v) For commanding the respondent to maintain
                          status quo over the land in dispute till final disposal of the
                          writ application..”

                      3. The brief facts of the Case are that the petitioners’

          father purchased 2 2/3 dismil of land with house and homestead

          situated at Mauza Masaurha, Thana No. 305 by registered Sale

          Deed No. 673 of 1979 from Late Mankali Devi, the lawful

          owner of the land. The original sale deed was lost, however, the

          petitioners obtained a certified copy thereof. Though the survey

          numbers are wrongly described, the boundaries, nature, and

          identity of the land are specific, correct, and undisputed. The

          Respondent No. 4 filed a Land Measurement Case No. 05/2019

          for measurement of Plot No. 1287, Khata No. 829, Khesara No.

          784, Mauza Masaurha, wherein Petitioner No. 3 was recorded as

          a boundary holder/tenant. Subsequently, a proceeding under

          Section 126 of the Bhartiya Nagrik Suraksha Sanhita, being

          Case No. 676(M)/2024 arising out of Paliganj P.S. Non-FIR
Patna High Court CWJC No.1997 of 2026(2) dt.09-02-2026
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          Case No. 205/24, was initiated against the petitioners. The said

          proceeding was closed by the Executive Magistrate, Paliganj,

          holding that the dispute relates to right and title of the land and

          the same is not amenable to summary proceedings. Despite the

          above finding, the Respondent No. 4 instituted Case No.

          44/2025-26 under Section 4(1)(g) of the Bihar Land Disputes

          Resolution Act before the DCLR, Paliganj. The petitioners

          appeared and filed their written reply asserting lawful title and

          possession. The DCLR, Paliganj, without jurisdiction, directed

          the Anchal Adhikari and Officer-in-Charge, Paliganj P.S., to

          hand over possession of the disputed land.

                      4. The Learned counsel appearing on behalf of the

          petitioners submitted that the petitioners claim their title over a

          plot appertaining to Khata No. 888, Khesra No. 1286, Thana

          No. 305, Mauza – Masaurha, Area 2.666 decimal and the

          impugned order dated 13.01.2026 is illegal, arbitrary, and

          beyond the scope of the BLDR Act, as it effectively adjudicates

          title and possession, which the authority lacks jurisdiction to

          decide.

                      5. The record reveals that for the said disputed piece

          of land, two sale deeds were executed, one in the name of the

          petitioner and other in the name of one Nand Kishore Sharma,
Patna High Court CWJC No.1997 of 2026(2) dt.09-02-2026
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          Son of Late Ram Naresh Singh (respondent no.4).

                      6. The Revenue authorities have no power or

          jurisdiction to decide the complicated question of title and

          possession. The Hon’ble Supreme Court in the case of

          Faqruddin v. Tajuddin, reported in, (2008) 8 SCC 12, in para

          no. 44 and 45, held as under:

                                       44. The jurisdiction of the Board of Revenue
                          being limited, no title could have been conferred upon the
                          plaintiff. Title in or over a land will depend upon the
                          statutory provisions. A title does not remain in vacuum. It
                          has to be determined keeping in view the law operating in
                          the field viz. religious law or statutory law or customary
                          law, etc.
                                       45. Revenue authorities of the State are
                          concerned with revenue. Mutation takes place only for
                          certain purposes. The statutory rules must be held to be
                          operating in a limited sense. The provisions of Rule 13 of
                          the Matmi Rules laying down a rule of primogeniture will
                          have no application in relation to the offices of
                          sajjadanashin and mutawalli, which are offices of different
                          nature. They are stricto sensu not hereditary in nature. It is
                          well settled that an entry in the revenue records is not a
                          document of title. Revenue authorities cannot decide a
                          question of title.

                      7. Considering the facts of the case as well as, the law

          laid down by the Apex Court in case of Faqruddin (Supra), I

          don’t find any infirmity in the order dated 13.01.2026 passed by

          the Deputy Collector, Land Reforms, Paliganj, Patna in Land

          Dispute Resolution Case No. 44/2025-26, as the said order is

          based on the finding that for the said disputed land in question,

          two sale deeds were executed and in such circumstances, where

          question of title is involved over the piece of land as described
          Patna High Court CWJC No.1997 of 2026(2) dt.09-02-2026
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                    above, the Revenue Officers don’t have jurisdiction to decide.

                    The petitioners, if so advised, may avail remedy before the

                    competent civil court having jurisdiction.

                                8. This Court has not gone into the merits that who is

                    in possession of the land in question as on date.

                                9. The writ petition, accordingly, stands disposed of.



                                                            (Purnendu Singh, J)
mantreshwar/-

U


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