Patna High Court

Manju DeviversusThe State of Bihar

Decided: 19 January 2026
Disposal: DISPOSED
Bench: ANIL KUMAR SINHA

Holding

The Court held that the petitioner must first prefer an appeal under Section 17 of the Bhoodan Act before approaching the court, and thus dismissed the writ petition.

Summary

Manju Devi, as successor of Bansi Ram, challenged the cancellation of a 1970 Parwana (land gift) issued under the Bihar Bhoodan Yagna Act, 1954, by the Deputy Collector. The cancellation order dated 28‑07‑2025 was sought to be set aside through a writ petition. The respondent Bhoodan Yagna Committee argued that the petitioner had not first availed the appeal remedy prescribed in Section 17 of the Act. The Court held that the writ petition was premature and directed the petitioner to file an appeal before the Collector within thirty days, with a condonation of delay if necessary. The petition was therefore disposed, pending the filing of the statutory appeal.

Issues considered

Whether a writ petition can be filed directly challenging the cancellation of a Parwana without first filing an appeal under Section 17 of the Bihar Bhoodan Yagna Act, 1954.

Subjects

Bhoodan Act
Parwana
Land reform
Writ jurisdiction
Section 17
Appeal requirement
Cancellation of land gift
Succession

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  Civil Writ Jurisdiction Case No.252 of 2026
                 ======================================================
                 Manju Devi Wife of Gajadhar Rajbansi, resident of Village Masai, P.S.
                 Rajauli, District Nawada.

                                                                        ... ... Petitioner/s
                                                 Versus
           1.    The State of Bihar through the Additional Chief Secretary, Revenue and
                 Land Reforms Department, Government of Bihar, P.S. Secretariate, District
                 Patna, Bihar.
           2.    The Chief Secretary, Land Reforms Department, Government of Bihar, P.S.
                 Secretariate, District Patna, Bihar.
           3.    The Joint Secretary, Land Reforms Department, Government of Bihar, P.S.
                 Secretariate, District Patna, Bihar.
           4.    The District Magistrate cum Collector, Nawada, P.S. Nawada, District
                 Nawada, Bihar.
           5.    The Additional District Magistrate, Nawada, P.S. Nawada, District Nawada,
                 Bihar.
           6.    The Land Reforms Deputy Collector, Rajauli, P.S. Rajauli, District Nawada,
                 Bihar.
           7.    The Circle Officer, Rajauli, P.S. Rajauli, District Nawada, Bihar.
           8.    The Bhoodan Yagya Committee, through its Chairman, Gardanibagh, P.S.
                 Gardanibagh, District Patna, Bihar.
           9.    The Chairman, Bhoodan Yagya Committee, Gardanibagh, P.S. Gardanibagh,
                 District Patna, Bihar.
           10. The Official Minister, District Bhoodan Yagya Committee, Nawada, P.S.
               Nawada, District Nawada, Bihar.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :       Mr.Anand Raj, Adv.
                 For the Respondent/s   :       Mr.Standing Counsel (11)
                 Respondent N. 8-10     :       Mr. Rajni Kant Singh, Adv.
                                                Mr. Manish Kumar, Adv.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                                       ORAL ORDER

2   19-01-2026          1. Heard the parties.

                        2. Petitioner has challenged the order dated 28.07.2025

                   passed in Bhoodan Parcha Cancellation Case No. 10 / 2025-26
Patna High Court CWJC No.252 of 2026(2) dt.19-01-2026
                                            2/3




          by the learned Deputy Collector Land Reforms, Rajauli,

          Nawada (respondent no. 6) by which ‘Parwana’ bearing

          Parwana No. 202769 dated 22.08.1970 issued to the Parwana

          holder namely, Bansi Ram (ancestor of the petitioner) against

          the land situated at Mauja - Jhirjho, Thana No. 184, Khata No.

          589 (old) / 1603 (new), Khesra No. 9108, 9111, 9114 having an

          area of 4.02 acres of land by the Bhoodan Yagna Committee

          (respondent no. 8 & 10) has been cancelled (Annexure -P/9).

               3. Learned counsel for the petitioner submits that petitioner

          is the successor in interest of Bansi Ram in whose favour

          ‘Parwana’ under Bihar Bhoodan Yagna Act, 1954 (for short

          “Bhoodan Act”) was issued in the year 1970 having Khata No.

          589 (old) / 1603 (new), Khesra No. 9108, 9111, 9114.

               4. Learned counsel for the Bhoodan Yagna Committee

          submits that petitioner without availing the remedy of appeal

          prescribed under Section 17 of the Bhoodan Act has directly

          approached this Court under its writ jurisdiction.

               5. Considering the nature of dispute, this writ application is

          disposed with a direction to the petitioner to prefer appeal

          before the Collector, Nawada under Section 17 of the Bhoodan

          Act within a period of thirty days from today. If such appeal is

          filed by the petitioner along with condonation of delay petition,
           Patna High Court CWJC No.252 of 2026(2) dt.19-01-2026
                                                       3/3




                     the Collector, Nawada shall be obliged to decide the same in

                     accordance with law within a reasonable time frame.



                                              (Anil Kumar Sinha, J)
praful/-

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