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Patna High Court

Shrikant KumarversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The Deputy Collector Land Reforms acted within its jurisdiction under the Bihar Land Dispute Resolution Act, 2009, and the order is valid.

Summary

Shrikant Kumar claimed ownership of land based on a 1973 exchange deed, but a partition suit (Title Suit No. 483 of 1989) had been filed by the original landholder, resulting in Jamabandi No. 608 being in the original holder’s name. The Deputy Collector Land Reforms (DCLR) issued an order on 24‑12‑2025 directing demarcation of the land in favour of the original holder. The petitioner challenged the DCLR’s jurisdiction under the Bihar Land Dispute Resolution Act, 2009, arguing that the Act only covers boundary disputes and not title matters. The State contended that the petitioner was not a party to the partition suit and that the DCLR acted within its authority. Relying on earlier judgments, the Court examined the scope of the Act and held that the DCLR’s order was within jurisdiction, dismissing the writ petition.

Issues considered

  • Whether the Deputy Collector Land Reforms has jurisdiction to adjudicate a title dispute and order demarcation under the Bihar Land Dispute Resolution Act, 2009.
  • Whether the order dated 24‑12‑2025 is void for lack of jurisdiction.
  • Whether the petitioner’s claim can be entertained through a writ of certiorari.

Subjects

  • jurisdiction
  • land dispute
  • title dispute
  • demarcation
  • Bihar Land Dispute Resolution Act
  • writ petition
  • certiorari
  • partition suit
  • revenue law

Judgment

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.2043 of 2026
     ======================================================
     Shrikant Kumar s/o Sharifan Yadav, Reesident of Village- Singhara, Ward No.
     1,P.S- Dulhin Bazar, District- Patna, PIN Code- 801102.

                                                               ... ... Petitioner/s
                                       Versus
1.   The State of Bihar through Principal Secretary, Revenue and Land Reforms,
     Patna Bihar.
2.   The Collector Cum District Magistrate, Patna.
3.   The Additional Collector, Patna.
4.   The Deputy Collector Land Reforms, Paliganj, Patna.
5.   The Circle Officer, Dulhin Bazar, District- Patna.
6.   Kumar Devendra Narayan, s/o Awadh Narayan Singh, Resident of Village-
     Singhara, P.S- Dulhin Bazar, District- Patna, PIN Code-801102.

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s   :      Mr.Ranjan Kumar Dubey, Advocate
     For the Respondent/s   :      Ms.Dimpal Kumari, AC to GP 11
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                         ORAL JUDGMENT
      Date : 09-02-2026
                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 a writ in the
                   nature of certiorari or any other appropriate writ,
                   order, or direction for quashing and setting aside
                   the impugned order dated 24.12.2025, passed by the
                   Learned Deputy Collector Land Reforms (DCLR),
                   Paliganj, Patna, in Land Dispute Case No.35/2025-
                   26 whereby and whereunder the DCLR, Paliganj
                   has erroneously allowed the claim of the
                   Applicant/Respondent 2nd Set, declaring his rights
                   over the subject land and directing the Circle
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                       Officer, Dulhin Bazar, Patna, to effectuate
                       measurement and demarcation of the land in
                       question bearing Khata No.110, Khesra No.951
                       (Area 25 decimals), Khata No.110, Khesra No.952
                       (Area 44 decimals), Khata No.110, Khesra No.953
                       (Area 2 decimals) and Khata No.112, Khesra
                       No.950 (Area 72 decimals) upon realization of the
                       requisite fee.
                                  b. For the issuance of an appropriate
                       writ, order, or direction, staying the operation and
                       implementation of the impugned order dated
                       24.12.2025, passed by the Respondent No.4
                       (Learned Deputy Collector Land Reforms,
                       Paliganj, Patna) in Land Dispute Case No.35/2025-
                       26, during the pendency of the present writ
                       application.
                                  c. For commanding the respondents to
                       maintain status quo over the land in question till
                       final disposal of the writ petition.
                                  d. For any other writ/writs for which
                       petitioner may deem entiled to.”


                     3. The petitioner is claiming title over a piece of land,

         over which he allegedly came into possession on the basis of an

         Exchange Deed dated 03.03.1973, as stated in paragraphs 4 and

         9 of the writ petition respectively. However, the petitioner does

         not dispute that Title Suit No. 483 of 1989, relating to partition

         between the petitioner and the original landholder, was

         instituted, nor does he deny that Jamabandi No. 608 was created

         in the name of the ancestor of private respondent no. 6. The

         petitioner further contends that in the said title partition suit, the

         issue relating to the exchange of land between the parties in the

         year 1973 was not adjudicated.
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                     4. In view of the above, the petitioner has questioned

         the jurisdiction of the Deputy Collector Land Reforms (DCLR)

         in passing the impugned order dated 24.12.2025 as the same has

         been passed without jurisdiction and, therefore, it is liable to be

         interfered with.

                     5. The petitioner, in support of his claim, has relied

         upon the judgment passed by a Co-ordinate Bench of this Court

         vide judgment dated 01.04.2024 passed in CWJC No. 17154 of

         2022 (Akhilesh Singh v. The State of Bihar), as well as, the

         judgment dated 03.04.2023 passed in CWJC No. 6259 of 2020

         (Ram Bachan Singh v. The State of Bihar & Ors.)                and

         contended that the Deputy Collector Land Reforms (DCLR) has

         no jurisdiction under the provisions of Section 4(1)(h) of the

         Bihar Land Dispute Resolution Act, 2009 (hereinafter referred

         to as the “Act, 2009”), which confers jurisdiction upon the

         competent authority only in matters relating to “boundary”

         disputes. It is further contended that Rule 2(d) of the Act, 2009

         defines the term “land” and that the Act does not contemplate

         adjudication of disputes involving title between two private

         individuals.

                     6. For proper appreciation of the controversy

         involved, it would be apposite to reproduce the provisions
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         contained in Section 4 of the Act, 2009, which reads as follows:

                                  “ 4. Jurisdiction and authority to resolve
                       disputes.-(1) The competent authority shall have
                       jurisdiction and authority to hear and adjudicate,
                       on an application or complaint or on any
                       application referred to by a prescribed authority or
                       officer, any issue arising out of following types of
                       disputes:-
                                  (a)     Unauthorised       and     unlawful
                       dispossession of any settlee or allottee from any
                       land or part thereof, settled with or allotted to him
                       under any Act contained in Schedule-1 to this Act
                       by issuance of any settlement document/parcha by
                       a competent authority;
                                  (b) Restoration of possession of settled /
                       allotted land in favour of legally entitled settlee/
                       allottee or his successors/heirs, upon adjudication
                       of unauthorized and unlawful dispossession;
                                  (c) Threatened dispossession of a legally
                       entitled settlee/ allottee;
                                  (d) Any of the matters enumerated in (a),
                       (b) and (c) above appertaining to raiyati land.
                                  (e) Partition of land holding;
                                  (f) Correction of entry made in the record
                       of rights including map/survey map.
                                  (g) Declaration of the right of a person;
                                  (h) Boundary disputes;
                                  (i)Construction       of      unauthorized
                       structure; and
                                  (j) Lis pendens transfer .
                                  (2) The competent authority shall not
                       have jurisdiction to review or reopen any finally
                       concluded and adjudicated proceeding under any
                       of the Acts contained in Schedule-1. The competent
                       authority shall exercise his authority for resolving
                       the dispute brought before him on the basis of any
                       final order passed by any of the authorities
                       empowered to do so in the Acts contained in
                       Schedule-1 of this Act.
                                  (3) The competent authority shall not
                       have jurisdiction to adjudicate any fresh rights of
                       allottee / settlee or a raiyat which is not yet
                       determined and is required to be determined in
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                       accordance with provisions contained in any of the
                       Acts contained in Schedule-1:
                                             Provided that where rights of
                                   allottee / settlee or raiyat are already
                                   determined under any of the Acts
                                   contained in Schedule-1, the competent
                                   authority shall have jurisdiction to
                                   entertain cases appertaining to matters
                                   enumerated in sub-section (1).
                                  (4) Notwithstanding anything contained
                       in sub-section (2) and (3) hereinabove, if no
                       provision is made in any of the Acts contained in
                       Schedule-1 for determination of rights of allottee /
                       settlee or raiyat and claimed right is yet to be
                       determined, it shall be open to the competent
                       authority to finally determine such right.
                                  (5) The competent authority, wherever it
                       appears to him that the case instituted before him
                       involves complex question of adjudication of title,
                       he shall close the proceeding and leave it open to
                       parties to seek remedies before the competent Civil
                       Court.”


                     6. Rule 2(d) of the Act, 2009 reads as follows : -

                                  2(d)-“Land” connotes Government land,
                       raiyati land, with with structure, if any.”

                     7. While considering the similar question raised

         before this Court, the Co-ordinate Bench of this Court in the

         case of Basudev Saw & Ors. Vs. The State of Bihar & Ors.,

         vide judgment dated 29.02.2023 passed in CWJC No.9536 of

         2022 had observed inter alia as follows : -

                               “From the materials on record, what is not
                     in dispute is that the application filed by the
                     petitioners as contained in Annexure-1 to the writ
                     application before the D.C.L.R., Dehri, Rohtas was
                     under the Bihar Land Disputes Resolution Act,
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                     2009.
                                …………………………………………...
                                Admittedly, the case of the respondent no.5
                     not being that the land in question was a
                     Government land, which was settled in his favour
                     under any of the Acts, contained in Schedule-1 to
                     the Act, there can be no dispute with respect to the
                     fact that the respondent no.5 is neither an allottee
                     nor a settlee as defined under the Act.
                                The next question which would arise is as
                     to whether the authority under the Act would have
                     jurisdiction to decide the disputes as mentioned in
                     sections 4(1)(e) to 4(1)(j) with respect to persons
                     who are not settlee/allottee as in the case of this
                     petitioner. It is true that sections 4(1)(a), (b) and (c)
                     specifically mentions the term ‘settlee/allottee’ while
                     the same is not used in sections 4(1)(e) to 4(1)(j). At
                     this stage, it would be relevant to refer to the
                     preamble of the Act for purpose of ascertaining the
                     intent for which the legislature enacted the Act.
                                The preamble of the Act is reproduced
                     herein below for ready reference:
                                “Preamble:- Whereas, in the State of
                     Bihar, disputes relating to record of rights,
                     boundaries, entries in revenue records, unlawful
                     occupation of raiyati land and forcible dispossession
                     of allottees and settlees of public land, generate
                     problems and cause unnecessary harassment
                     tobonafide allotees/settlees, raiyats or occupants;
                                WHEREAS, such disputes with respect to
                     raiyati land or public land allotted in favour of
                     different classes of allottees are unnecessarily
                     occupying major space of Civil Courts and Hon’ble
                     High Court and which should otherwise have been
                     resolved by the Revenue Authorities, who may be
                     better equipped to deal with such disputes having
                     regard to their continued presence in the field
                     offices    and their         expertise    in    Revenue
                     Administration,
                                WHEREAS, in larger public interest it is
                     deemed necessary to provide for effective and speedy
                     mechanism to resolve such disputes which give rise
                     to major turbulence if not addressed immediately
                     and effectively;
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                                AND, WHEREAS, it has been found in
                     analysis of data relating to nature of disputes that
                     they mostly appertain to matters connected with the
                     record of rights, partition of jamabandi, forcible
                     dispossession of allottees / raiyats, boundary
                     disputes etc. and in this context, the administration
                     of the following Acts is involved:
                                (1) The Bihar Land Reforms Act, 1950,
                                (2) The Bihar Tenancy Act, 1885,
                                (3) The Bihar Privileged Persons
                     Homestead Tenancy Act, 1947,
                                (4) The Bihar Bhoodan Yagna Act, 1954,
                                (5) The Bihar Land Reforms (Fixation of
                     Ceiling and Acquisition of Surplus Land) Act, 1961,
                                (6) The Bihar Consolidation of Holdings
                     and Prevention of Fragmentation Act, 1956,
                                AND, Whereas, different forums and
                     procedures have been provided for the resolution of
                     disputes under the above referred Acts and it is
                     considered expedient to provide a uniform and
                     common forum, procedure and mechanism which
                     would achieve the objective of effective, efficacious
                     and speedy resolution of disputes.”
                                From reading of the preamble and the Act
                     as a whole, there remains no doubt that the purpose
                     of the legislature in enacting the Act was effective
                     and speedy mechanism to resolve disputes with
                     respect to matters connected with record of rights,
                     partition of jamabandi, forcible dispossession of
                     allottees/raiyats, boundary disputes etc. and in this
                     context, the Acts namely The Bihar Land Reforms
                     Act, 1950, The Bihar Tenancy Act, 1885, The Bihar
                     Privileged Persons Homestead Tenancy Act, 1947,
                     The Bihar Bhoodan Yagna Act, 1954, The Bihar
                     Land Reforms (Fixation of Ceiling and Acquisition
                     of Surplus Land) Act, 1961 and The Bihar
                     Consolidation of Holdings and Prevention of
                     Fragmentation Act, 1956 were involved.
                                Thus, in the opinion of the Court, what
                     appears from the reading of the Act as a whole
                     along with its preamble as quoted herein above and
                     specifically section 3 of the Act, the purpose of the
                     Act is on resolution of any dispute arising out of or
                     under any of the six Acts mentioned in Schedule-1.
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                                So far as the instant case is concerned, the
                     case of the respondent no.5, on whose application
                     the proceedings under the Bihar Land Disputes
                     Resolution Act, 2009 commenced in the Court of the
                     learned D.C.L.R., Dehri, Rohtas, was neither an
                     allottee nor a settlee nor was his case that the land
                     in question which is the subject matter of the dispute
                     came in his possession under any of the six Acts
                     mentioned in Schedule-1 to the Bihar Land Disputes
                     Resolution Act, 2009.
                                Thus, in view of the facts stated herein
                     above, the application filed by the respondent no.5
                     before the D.C.L.R., Dehri, Rohtas under the Bihar
                     Land Disputes Resolution Act, 2009 was not
                     maintainable and as a result the order dated
                     20.5.2022 passed in Case no.17/2021-22 by the
                     D.C.L.R., Dehri, Rohtas being without jurisdiction,
                     is not sustainable and is hereby quashed.”


                     8. Per contra, learned counsel for the State submitted

         that the petitioner has not disputed the fact that Title Suit No.

         483 of 1989 pertained to partition. It was further contended that

         respondent no. 6 is a descendant of one of the original

         landholders, in whose name Jamabandi No. 608 was opened

         pursuant to the decree passed in Title Suit No. 483 of 1989.

         Therefore, there is no infirmity or illegality in the order passed

         by the DCLR.

                     9.Heard the parties.

                     10. In view of the findings recorded in the judgment

         dated 29.03.2023 passed in CWJC No.9536 of 2022 (Basudev

         Saw & Ors. Vs. The State of Bihar & Ors.), I find that, in the
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                       present case, the petitioner is claiming his right over the land in

                       question on the basis of an Exchange Deed of the year 1973.

                       Subsequent thereto, the original landholder filed Title Partition

                       Suit No. 483 of 1989 and the DCLR, by the impugned order

                       dated 24.12.2025, directed the Circle Officer           concerned to

                       demarcate the land in question in favour of the original

                       landholder.

                                      11. It is also an admitted position that the petitioner

                       was neither made a party to the said partition suit nor did he

                       take steps to get himself impleaded, despite claiming possession

                       and interest in the land and the Jamabandi No. 608 remained in

                       the name of the original landholder.

                                      12. In the above facts and circumstances, I do not find

                       that the DCLR has exceeded or acted beyond his jurisdiction in

                       passing the order for demarcation of the land between the

                       parties.

                                      13. Accordingly, I find no merit in the present writ

                       petition, which stands dismissed. There shall be no order as to

                       costs.


                                                  (Purnendu Singh, J)
chn/-
AFR/NAFR                 NAFR
CAV DATE                 NA
Uploading Date           13.02.2026
Transmission Date        NA.


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