Patna High Court
Balram SahversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PURNENDU SINGH
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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