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Patna High Court

Balram SahversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The petition was dismissed; the writ of mandamus was not granted.

Summary

The petitioners, Balram Sah and Kapildeo Yadav, filed a writ petition seeking a mandamus directing the State of Bihar and its officials to grant them possession of two parcels of land settled to their fathers under Bhoodan certificates dated 23 May 1987, and to cause jamabandi and mutation in their names. They relied on earlier orders dated 3 May 2018 and 25 April 2022 of the Deputy Collector of Land Reforms, which had found their claim genuine and directed the Circle Officer and SHO to implement the transfer. The respondents argued that verification of any pending objections was required before effecting the transfer. Justice Purnendu Singh observed that the relief sought could be considered in view of the earlier orders and directed the Circle Officer to verify the status before complying. The court thereafter disposed of the petition, effectively refusing to grant the writ.

Issues considered

  • Whether the petitioners are entitled to a writ of mandamus directing the respondents to grant possession of the Bhoodan‑settled lands.
  • Whether the Circle Officer must create jamabandi and mutation in the names of the petitioners.
  • Whether the earlier orders of the Deputy Collector of Land Reforms are enforceable without further verification.

Subjects

  • Bhoodan
  • Land Reform
  • Mandamus
  • Possession
  • Jamabandi
  • Mutation
  • Land Dispute Resolution

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Civil Writ Jurisdiction Case No.20726 of 2025
                 ======================================================
           1.     Balram Sah Son of Late Budhan Sah, resident of Village and Post and P.S.-
                  Parbatta, District - Khagaria, Bihar-851216.
           2.    Kapildeo Yadav son of late Rameshwar Yadav, resident of Village and Post
                 and P.S.- Parbatta, District- Khagaria, Bihar 851216.

                                                                             ... ... Petitioner/s
                                                 Versus
           1.    The State of Bihar through the Additional Chief Secretary, Department of
                 Revenue and Land Reforms, Government of Bihar, Patna.
           2.    The Chairman, Bihar Bhoodan Yagna Committee, Government of Bihar,
                 Patna.
           3.    The District Magistrate -cum-Collector, Khagaria at Bihar
           4.    The Additional Collector, Khagaria.
           5.    The Deputy Collector of Land Reforms, Gogri at Khagaria.
           6.    The Circle Officer, Parbatta, District Khagaria at Bihar.
           7.    The Incharge Karyalaya Mantri, Bihar Bhoodan Yagna Committee, District
                 Khagaria at Bihar.
           8.    The Station House Officer, Parbatta, District Khagaria at Bihar.
           9.    Mahanth Sant Sharan Das, Chela of Late Mahanth Moti Das, resident of
                 Village and Post and P.S.- Parbatta, District - Khagaria, Bihar -851216.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :       Mr. Shekhar Harshvardhan, Advocate
                 For the Respondent/s   :       Mr. Rajni Kant Singh, Advocate
                                                Mr. Prabhat Ranjan, AC to GP( 06)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

2   08-01-2026                  Heard Mr. Shekhar Harshvardhan, learned counsel

                   appearing on behalf of the petitioners; Mr. Rajni Kant Singh,

                   learned counsel for the respondents and Mr. Prabhat Ranjan,

                   learned AC to GP 06 for State.

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

                   writ petition have sought inter alia the following relief(s), which
Patna High Court CWJC No.20726 of 2025(2) dt.08-01-2026
                                            2/3




          is reproduced hereinafter:-

                                                 “(i) For issuance of writ in the nature of
                                  mandamus or any other appropriate writ, order/orders,
                                  or direction/directions commanding the respondents to
                                  provide the possession of the petitioners over the lands
                                  settled to the father of the Petitioner no. 1 and the
                                  Petitioner no. 2 by Bihar Bhoodan Yagna Committee
                                  (hereinafter referred to as "Committee') vide Bhoodan
                                  certificate no. 528288 and 528283, dated 23.05.1987,
                                  having an area of 43 decimals each situated in Mauja
                                  Parbatta bearing Tauji no. 1812, Thana no. 374/1, Khata
                                  no. 80, Kheshra no. 334 respectively;
                                                 (ii) For issuance of writ in the nature of
                                  mandamus or any other appropriate writ, order/orders,
                                  or direction/directions commanding the Circle Officer,
                                  Parbatta (Respondent no. 6) to create jamabandi and
                                  mutation in the name of the Bhoodan Parchadharis and
                                  to restore the possession of the petitioners over the lands
                                  settled to the father of the Petitioner no. 1 and the father
                                  in law of the Petitioner no. 2 in view of the orders dated
                                  03.05.2018 and 25.04.2022 passed by the Deputy
                                  Collector of Land Reforms, Gogri at Khagaria
                                  (Respondent no. 5) in Land Dispute Resolution Case no.
                                  08/2017-2018 and 24/2018-2019 Wherein and
                                  wherunder the claim of the petitioners over the land in
                                  question have been found to be genuine and a specific
                                  direction has been issued to respondent no. 6 & 8 to give
                                  effect to the said orders;
                                                 (iii) For any other relief/reliefs to which the
                                  petitioners are found entitled for in facts and
                                  circumstances of the case.”



                         3. A reference in respect of relief(s) as prayed in the

          present writ petition can be taken into from the background of

          the orders dated 03.05.2018 and 25.04.2022 passed by the

          Deputy Collector of Land Reforms, Gogri at Khagaria, wherein,

          he has already directed the Circle Officer, Parbatta, District

          Khagaria and the S.H.O. concerned to comply with the aforesaid

          order by taking necessary steps in connection with Land Dispute

          Resolution Case no. 08/2017-2018 and 24/2018-2019 to transfer

          the land in the name of the petitioner nos.1 and 2 respectively.
           Patna High Court CWJC No.20726 of 2025(2) dt.08-01-2026
                                                      3/3




                     The Circle Officer concerned is required to verify whether any

                     party have moved against the order dated 25.04.2022 or the

                     petitioner is already in possession of any other land and he is no

                     more landless. In case the status is the same then he may

                     comply with the order dated 25.04.2022 passed by the Deputy

                     Collector Land Reforms.

                                    4. Accordingly, the present application stands

                     disposed of.



                                               (Purnendu Singh, J)
Ashishsingh/-

U


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