Patna High Court
RizwanversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
Holding
The petition is not granted; the District Magistrate is directed to verify possession and obtain a report from the Circle Officer before any further action.
Summary
The petitioner, Rizwan, filed a writ petition seeking a declaration of title over land he and his family have occupied for decades, invoking a Gazette notification dated 11‑11‑2014 that purportedly recognizes tenants' title after 50 years of possession. He requested that the authorities enter his name in the Jamabandi register and issue a revenue receipt. The court, after hearing counsel, directed the District Magistrate of Begusarai to verify the petitioner’s possession within four weeks and, if necessary, refer the matter to the Circle Officer of Teghra for a report. The District Magistrate was then to consider the petitioner’s representation in accordance with law. No substantive order granting the declaration was made; the writ petition was disposed of pending the administrative verification. The interlocutory applications, if any, were also disposed of.
Issues considered
- Whether the petitioner is entitled to a declaration of title and entry in the Jamabandi register based on possession of more than 50 years and the Gazette notification.
- Whether the court can direct the District Magistrate to verify possession and forward the matter to the Circle Officer before deciding the petition.
Subjects
- declaration of title
- possession
- land revenue
- Jamabandi
- writ petition
- administrative law
- Bihar
- land reforms
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.20198 of 2021
======================================================
Rizwan Son of Late Nazir Uddin, Resident of Daniyalpur Kazi Tola, Nagar
Panchayat Teghra Ward No. - 06, P.S. and P.O.- Teghra, District - Begusarai.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna.
2. The Additional Chief Secretary, Revenue and Land Reforms Department,
Govt. of Bihar, Patna.
3. The District Magistrate, Begusarai.
4. The Addl. Deputy Collector, Begusarai.
5. The Sub Divisional Officer, Teghra, Begusarai.
6. The Deputy Collector and 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 : Mr. Shailendra Kr. Dwivedi, AC to AAG 12
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
4 05-01-2026 Heard Mr. Kumar Praveen, learned counsel appear-
ing on behalf of the petitioner and Mr. Shailendra Kr. Dwivedi,
learned AC to AAG 12 for the State.
2. Petitioner has inter alia prayed for following re-
liefs in the paragraphs No.1 of the writ petition:-
“(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 16.10.2021 (Annexure -2) filed by the
petitioner before the concerned respondents for declaration
of Title on the land upon which petitioner and his family
members 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
Patna High Court CWJC No.20198 of 2021(4) dt.05-01-2026
2/3
govt. regarding declaration of title of the tenants on the
basis of possession over the land for more than 50 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.
4. Considering the aforesaid submissions made on
behalf of the petitioner, as well as, considering 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), then the Circle Officer, Teghra without delay must
submit his report within the said period before the District
Magistrate, Begusarai for its final adjuration and thereafter, the
District Magistrate, Begusarai will consider the representation
of the petitioner in accordance with law.
5. With the above observation/direction, the present
Patna High Court CWJC No.20198 of 2021(4) dt.05-01-2026
3/3
writ petition stands disposed of.
6. Interlocutory Application(s), if any, also stands
disposed of.
(Purnendu Singh, J)
Sanjay/-
U
Checking your session…