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Patna High Court

Sri Ramagya Choudhary @ Ramagya Chaudhari and AnrversusThe State Of Bihar and Ors

Decided
Disposal
DISPOSED

Holding

The writ petition is disposed after granting the petitioners liberty to approach the Bihar Land Tribunal, Patna.

Summary

The petitioners, Ramagya Choudhary and others, filed a writ petition in the Patna High Court challenging an order dated 10 July 2018 issued by the Additional Collector of Begusarai in a rent‑fixation revision case, which had set aside a prior D.C.L.R. order fixing fair rent. They contended that the Additional Collector’s order was erroneous and sought its setting aside. The respondents, including the State of Bihar and various officials, defended the order. The Court, after hearing counsel, held that the petitioners could seek redress by approaching the Bihar Land Tribunal, Patna, and therefore disposed of the writ petition. No substantive merits of the rent‑fixation dispute were decided. The order was dismissed with liberty granted to approach the tribunal.

Issues considered

  • Whether the order dated 10 July 2018 passed by the Additional Collector in the rent‑fixation revision case can be set aside
  • Whether the petitioners are entitled to approach the Bihar Land Tribunal for relief

Subjects

  • Rent Fixation
  • Land Reforms
  • Writ Petition
  • Additional Collector
  • Bihar Land Tribunal
  • Civil Procedure

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Civil Writ Jurisdiction Case No.25055 of 2018
                 ======================================================
           1.     Sri Ramagya Choudhary @ Ramagya Chaudhari and Anr S/O Late Ragho
                  Choudhary
           2.    Chunchun Choudhary S/O Late Pado Choudhary Both R/O Village-
                 Rasalpur, P.S Bahgwanplur, District- Begusarai

                                                                             ... ... Petitioner/s
                                                    Versus
           1.    The State Of Bihar
           2.    The Circle Officer, Bhagwanpur, District-Begusarai.
           3.    The Land Reforms Deputy Collector, Teghara District -Begusarai
           4.    The Additional Collector , Begusarai
           5.    Navin Choudahry, S/o of Late Shiv Shankar Choudhary, Resident of Village-
                 Rasalpur, P.S Bhagwanpur , DIstrict-Begusarai
           6.    Suresh Choudahry, S/o late Hsriday Narayan Choudahry R/o Village-
                 Damodarpur, P.S-Bhagwanlpur District -Begusarai.
           7.    Rampi Choudahry S/o Dovi Choudahry R/o Village-Damodarpur , P.S.-
                 Bhagwanlpur , District-Beguarai.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :       Mr.Shailendra Kumar Tiwary, Advocate
                 For the Respondent/s   :       Mr.Raj Kishore Roy- Gp18
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   13-01-2026                  Heard the parties.

                               2. The present petition has been preferred for the

                   following relief/s:

                                            (i) for setting aside the impugned Order

                                            dated 10.07.2018, passed by Respondent

                                            No.4(Additional Collector, Begusarai) in

                                            Rent Fixation Revision Case No.62/2018

                                            whereby and whereunder the Order of
         Patna High Court CWJC No.25055 of 2018(2) dt.13-01-2026
                                                    2/2




                                           D.C.L.R., Teghara dated 06.4.2010, passed

                                           in Fair Rent Fixation Case No.11/2008-09

                                           (Mutation) has been set aside.

                                3. After some argument, learned counsel for the

                   petitioners submit that he shall be approaching the Bihar Land

                   Tribunal, Patna against the order dated 10.07.2018 passed by the

                   Additional Collector, Begusarai. The order has been passed in

                   the presence of learned counsel for the State as also learned

                   counsel representing the respondent nos. 5 to 7.

                                4. Granting said liberty, the writ petition is disposed

                   of.



                                                 (Rajiv Roy, J)
Ravi/-

U


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