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Patna High Court

Shivnandan PaswanversusThe State of Bihar

Decided
Disposal
DISPOSED

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
     ======================================================
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.
         Patna High Court CWJC No.21038 of 2021(3) dt.23-03-2026
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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
Patna High Court CWJC No.21038 of 2021(3) dt.23-03-2026
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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
          Patna High Court CWJC No.21038 of 2021(3) dt.23-03-2026
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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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