Patna High Court
Khurshid Alam @ Md. KhurshidversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PURNENDU SINGH
Holding
The court directed the District Magistrate to verify the petitioner’s possession and, if required, obtain a report from the Circle Officer before considering the representation, and disposed of the writ petition.
Summary
The petitioner, Khurshid Alam, filed a writ petition seeking a declaration of title over land he and his family have occupied for decades, relying on a Gazette dated 11-11-2014 that declared tenancy rights after 30 years of possession. He requested that the State of Bihar and its revenue officials process his application dated 12-11-2025, enter his name in the Jamabandi register, and issue a revenue receipt. The court examined the representations of both parties and directed the District Magistrate of Begusarai to verify the petitioner’s possession within four weeks and, if necessary, to obtain a report from the Circle Officer, Teghra. The District Magistrate was instructed to consider the petitioner’s representation in accordance with law after the verification. Accordingly, the writ petition was disposed of with the above interim directions.
Issues considered
- What relief, if any, is the court obligated to grant the petitioner seeking declaration of title and entry of his name in the revenue records?
- Whether the revenue authorities must act on the petitioner’s application and what procedural steps are required to verify possession?
Subjects
- declaration of title
- land possession
- Jamabandi entry
- revenue receipt
- writ petition
- District Magistrate
- Circle Officer
- Bihar land reforms
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.20086 of 2025
======================================================
Khurshid Alam @ Md. Khurshid Son of Naseer Udin @ Md. Nasir, Resident
of Village Baro Darzi Tola, Ward no 28, PS Phulwaria, District Begusarai.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna.
2. The Chief Secretary, Revenue and Land Reforms Department, Govt. of
Bihar, Patna.
3. The District Magistrate, Begusarai.
4. The Addl. Deputy Collector, Begusarai.
5. Teh Sub Divisional Officer, Teghra, Begusarai.
6. The Deputy Collector of Land Reforms, Teghra, Begusarai.
7. The Circle Officer, Teghra, Begusarai.
8. The Circle Inspector, Teghra, Begusarai.
9. The Revenue Halka Karamchari, Teghra, Begusarai.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Kumar Praveen, Advocate
For the Respondent/s : Government Advocate (5)
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 05-01-2026 Heard learned counsel appearing on behalf of the
petitioner and the learned counsel for the State.
2. The petitioner in paragraph no. 1 of the present writ
petition has sought inter alia following relief(s), which is
reproduced hereinafter : -
(A) For the issuance of appropriate
writ/writs, order/orders, direction/directions to the
concerned Respondent authorities to immediately
take action on the application dated 12.11.2025
(Annexure-2) filed by the petitioner before the
concerned respondents for declaration of Title on the
land upon which petitioner and his family members
Patna High Court CWJC No.20086 of 2025(2) dt.05-01-2026
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are residing for last several decades in the light of
Gazette publication dated 11.11.2014 (Annexure-1)
issued by the Revenue and Land Reforms
Department of the state govt, regarding declaration
of title of the tenants on the basis of possession over
the land for more than 30 years.
(B) For direction to the respondent
concerned to decide the issue raised by the petitioner
expeditiously and after completing the all formalities
and to enter his name in Jamabandi Register and to
issue revenue receipt of the said land within a
reasonable period.
(C) For any other relief/reliefs to which the
petitioner is found entitled under the facts and
circumstances of the present case.
3. Leaned counsel appearing on behalf of the
petitioner seeks to file a detailed representation before the
District Magistrate, Begusarai for redressal of his grievance(s),
as prayed for in the present writ petition.
3. Having considered the rival submissions made on
behalf of the parties, as well as, having considered the facts of
the present case, the District Magistrate, Begusarai is directed
to verify and see well within a period of four weeks from the
date of filing of the detailed application before him as to
whether the petitioner is in possession of the land, in question,
and, in case, the District Magistrate finds it proper that the
matter is first required to be considered by the Circle Officer,
Teghra (Begusarai), the Circle Officer, Teghra without delay
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must submit his report within the said period before the learned
District Magistrate, Begusarai for its final adjuration and
thereafter, the District Magistrate, Begusarai will consider the
representation of the petitioner in accordance with law.
4. With the above observation/direction, the present
writ petition stands disposed of.
5. Interlocutory Application(s), if any, also stands
disposed of.
(Purnendu Singh, J)
chn/-
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