Patna High Court
Shivnandan PaswanversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SOURENDRA PANDEY
Holding
The Court disposed the writ petition, directing the DCLR to consider the petitioners' grievances and issue a reasoned order within three months, indicating that the appropriate remedy lies under Section 4 of the Bihar Land Dispute Resolution Act, 2009.
Summary
The petitioners, who were allotted land through a PARWANA under the Bihar Land Informs (Fixation of Celling and Acquisition of Supplier Land) Act, 1961, alleged that private respondents were disturbing their peaceful possession and seizing crops. They filed a writ petition seeking directions to the State officials to act against the private respondents. The State argued that the appropriate remedy lay under Section 4 of the Bihar Land Dispute Resolution Act, 2009, and that the petitioners should file a fresh application under that provision. The Court held that the writ petition could not substitute the statutory remedy and directed the District Collector Land Revenue (DCLR), Darbhanga Sadar, to consider the grievances, hold a hearing, and pass a reasoned order within three months. Accordingly, the application was disposed with liberty for the DCLR to act.
Issues considered
- Whether the petitioners may seek a writ of mandamus against the State officials for failure to act against private respondents disturbing their possession of land allotted under the Bihar Land Informs Act, 1961.
- Whether the remedy available to the petitioners is exclusively under Section 4 of the Bihar Land Dispute Resolution Act, 2009, rendering the writ petition inadmissible.
Subjects
- writ jurisdiction
- land possession
- private respondents
- Bihar land law
- administrative remedy
- Section 4
- DCLR
- PARWANA
- land dispute resolution
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.21038 of 2021
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1. Shivnandan Paswan Son of Chotiya Paswan Resident of Village-
Phulwariya, Anchal- Hanuman Nagar, P.S.- Hanuman Nagar, District-
Darbhanga.
2. Sogarath Paswan Son of Baleshwar Paswan Resident of Village-
Phulwariya, Anchal- Hanuman Nagar, P.S.- Hanuman Nagar, District-
Darbhanga.
3. Bachiya Devi Wife of Kapleshwar Paswan Resident of Village- Phulwariya,
Anchal- Hanuman Nagar, P.S.- Hanuman Nagar, District- Darbhanga.
... ... Petitioner/s
Versus
1. The State of Bihar Through Principal Secretary, Revenue and Land Reforms
Department, Bihar, Patna.
2. The District Magistrate Darbhanga.
3. The Sub Divisional Officer Sadar, Darbhanga.
4. The Deputy Commissioner Law Reforms Sadar Darbhanga.
5. The Circle Officer Hanuman Nagar, Darbhanga.
6. The Officer-In-Charge Bishanpur Police Station, Darbhanga.
7. Anaiki Rai Son of Yogi Rai Resident of Village- Uchauli, P.S.- Hayaghat,
District- Darbhanga.
8. Satnam Rai Son of Mahendra Rai Resident of Village- Uchauli, P.S.-
Hayaghat, District- Darbhanga.
9. Harnam Rai Son of Mahendra Rai Resident of Village- Uchauli, P.S.-
Hayaghat, District- Darbhanga.
10. Satrudhan Rai Son of Sahdeo Rai Resident of Village- Uchauli, P.S.-
Hayaghat, District- Darbhanga.
11. Udagar Rai Son of Pragas Rai Resident of Village- Chhatona, P.S.-
Hayaghat, District- Darbhanga.
12. Kalpu Rai Son of Pragas Rai Resident of Village- Chhatona, P.S.- Hayaghat,
District- Darbhanga.
13. Jawahar Rai Son of Dodhari Rai Resident of Village- Chhatona, P.S.-
Hayaghat, District- Darbhanga.
14. Sukharu Rai Son of Ramphal Rai Resident of Village- Chhatona, P.S.-
Hayaghat, District- Darbhanga.
15. Laxman Thakur Son of Dev Narayan Thakur Resident of Village- Rajpa,
P.S.- Kalyanpur, District- Samastipur.
16. Subodh Thakur Son of Bhupnarayan Thakur Resident of Village- Rajpa,
P.S.- Kalyanpur, District- Samastipur.
17. Sushil Thakur Son of Unknown Resident of Village- Rajpa, P.S.- Kalyanpur,
District- Samastipur.
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18. Shankar Mishra Son of Sahdev Mishra Resident of Village- Hanuman
Nagar, P.S.- Bishanpur, District- Darbhanga.
19. Ram Kumar Mishra Son of Sahdev Mishra Resident of Village- Hanuman
Nagar, P.S.- Bishanpur, District- Darbhanga.
20. Ramjee Mishra Son of Ameri Mishra Resident of Village- Hanuman Nagar,
P.S.- Bishanpur, District- Darbhanga.
21. Bambam Mishra Son of Yogi Mishra Resident of Village- Hanuman Nagar,
P.S.- Bishanpur, District- Darbhanga.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Girish Chandra Jha, Advocate
Mr. Ashish, Advocate
For the Respondent/s : Mr. Vivekanand Singh, AC to GP-18
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
3 23-03-2026 Heard the learned counsel for the parties.
2. The instant application has been filed for the
following reliefs:
“For Issuance of appropriate writ or
writs, direction of or directions commanding the
official respondents to take necessary action
against the private respondents who are almost to
disturb the peaceful possession of the petitioners
on their land which has been granted to their
PARWANA under the Bihar Land Informs (Fixation
of Celling and Acquisition of Supplier Land) Act,
1961 hereinafter referred as ‘Bihar land Celling
Act and also to cover the crops which has been
forcibly taken away by the private respondent and
or issuance of appropriate consequential writ or
writs to restrain the private respondents to
interfere in the peaceful possession of the
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petitioners are the said land and or issuance of any
other writ or writs under the facts and circular of
the case.”
3. Learned counsel for the petitioners submits that the
petitioners are aggrieved by the fact that the private respondents
have been disturbing their peaceful possession of the land,
which has been allocated to them through PARWANA issued by
the Government of Bihar under the Bihar Land Informs
(Fixation of Celling and Acquisition of Supplier Land) Act,
1961. It has been submitted that the petitioners were landless
persons and the private respondents have been interfering with
their peaceful possession and the petitioners, being aggrieved by
such action, have also approached the respondent authorities
and have filed several representations, however, till date no
action has been taken against the erring private respondents. It
has next been submitted that one such application was also
made to the DCLR, which has been brought on record by way
of Annexure-2.
4. Learned AC to GP-18 for the State submits that
though the petitioners have filed an application before DCLR,
however, the remedy available to the petitioners was under
Section 4 of the Bihar Land Dispute Resolution Act, 2009. It has
further been submitted that the petitioners may be directed to
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make an application under the aforesaid provision afresh and
even the representation dated 08.04.2021 filed by the petitioner
before the DCLR, be brought before the present incumbent of
the Office.
5. The DCLR, Darbhanga Sadar, is directed to
consider the grievances of the petitioners and after giving an
opportunity of hearing to all the concerned persons, including
the private respondents, pass a reasoned order within three
months from the date of communication of this order.
6. The application stands disposed off with the
aforesaid liberty.
(Sourendra Pandey, J)
manoj/-
U
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