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Patna High Court

Mandal BaskiversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The writ petition is not maintainable; the sale deed can be challenged only before a civil court, not by a writ.

Summary

Mandal Baski filed a writ petition challenging an order dated 29‑11‑2025 of the District Magistrate‑cum‑Collector of Kishanganj that confirmed a registered sale deed of land settled in his father's favour. The petitioner alleged that the confirmation violated Section 27(3) of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, which prohibits sale of such settled land. The court examined whether the writ petition was maintainable and whether the sale deed could be set aside by a writ. It held that the petition was not maintainable and that any remedy for cancellation of the sale deed must be pursued before a competent civil court. Consequently, the writ petition was dismissed and the matter was disposed of.

Issues considered

  • Whether the order confirming the sale deed contravenes Section 27(3) of the Bihar Land Reforms Act, 1961.
  • Whether the writ petition seeking to set aside that order is maintainable before the High Court.

Legislation cited

Subjects

  • Land reforms
  • Section 27(3)
  • Sale deed cancellation
  • Writ petition
  • District Collector
  • Civil court jurisdiction
  • Land ceiling

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.2766 of 2026
                 ======================================================
                 Mandal Baski Son of Late Badro Baski @ Badri Baski, Resident of Ward
                 No.15, Singhia Sultanpur, Chakla, P.O- Chaklaghat, District- Kishanganj.

                                                                           ... ... Petitioner/s
                                                   Versus
           1.    The State of Bihar through the Principal Secretary, Department of Revenue
                 and Land Reforms, Government of Bihar.
           2.    The Principal Secretary, Department of Revenue and Land Reforms,
                 Government of Bihar.
           3.    The Collector cum District Magistrate, Kishanganj.
           4.    The Additional Collector, Kishanganj.
           5.    The Sub-Divisional Officer, Kishanganj.
           6.    The Deputy Collector Land Reforms (D.C.L.R), Kishanganj.
           7.    The Anchal Adhikari (C.O.), Kishanganj.
           8.    The Block Development Officer (B.D.O.), Kishanganj.
                                                                  …..Respondent 1st set
           9.    Abu Talib, Son of Late Syed Ali, Resident of Khankah Road, Ward No.23,
                 Ruidhasha, P.O., P.S. and District- Kishanganj.
           10. Kabir, Son of Md. Suleman, Resident of Khankah Road, Ward No.23,
               Ruidhasha, P.O., P.S. and District- Kishanganj.
           11. Shahjahan, Son of Late Mojibur Rahman, Resident of Khankah Road, Ward
               No.23, Ruidhasha, P.O., P.S. and District- Kishanganj.
           12. Abdur Rahman, Son of Habibur Rahman, Resident of Khankah Road, Ward
               No.23, Ruidhasha, P.O., P.S. and District- Kishanganj.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr.Satish Kumar Sinha, Advocate
                 For the Respondent/s   :      Mr.Anuj Kumar, GP (24)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

2   27-02-2026                    Heard Mr. Satish Kumar Sinha, learned counsel

                   appearing on behalf of the petitioner and Mr. Anuj Kumar,

                   learned GP 24 for the State.

                               2. The petitioner in paragraph no.1 of the present writ

                   petition has sought inter alia the following relief(s), which is
Patna High Court CWJC No.2766 of 2026(2) dt.27-02-2026
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          reproduced hereinafter referred to as the:-

                                                A. To set aside the order dated
                                  29.11.2025 passed by the respondent District
                                  Magistrate-cum-Collector, Kishanganj in Parcha
                                  Cancellation Case No. 55/2018–19, whereby and
                                  whereunder the said authority has wrongly, illegally,
                                  and arbitrarily confirmed the registered sale deed
                                  executed in favour of the Respondent Second Set, in
                                  clear contravention of Section 27(3) of the Bihar
                                  Land Reforms (Fixation of Ceiling Area and
                                  Acquisition of Surplus Land) Act, 1961 (hereinafter
                                  referred to as “the Act”), with respect to the land
                                  settled under the provisions of the Act in the name of
                                  Badri Baski, father of the petitioner, vide
                                  Bandobasti Parcha Case No. 4041–91/1966–67,
                                  appertaining to Plot No. 1515, Khata No. 94, Area
                                  5.12 Acres, situated at Mouza–Khagda, Thana No.
                                  57, Ward No. 6.
                                                 By the aforesaid impugned order dated
                                  29.11.2025, the lawful claim of the petitioner has
                                  been illegally disallowed as not maintainable,
                                  without any basis either in fact or in law.
                                                B. To further direct the respondent
                                  Collector, Kishanganj to restore the Bandobasti
                                  Parcha in respect of the aforesaid land measuring
                                  5.12 Acres in favour of the petitioner, as settled
                                  through Bandobasti Parcha Case No. 4041–
                                  91/1966–67, in accordance with law.
                                                C. To direct the respondents not to
                                  disturb the peaceful possession of the petitioner
                                  over the aforesaid settled land measuring 5.12 Acres
                                  till the final adjudication and disposal of the present
                                  application.
                                                D.To direct the respondent No. 2 to take
                                  appropriate departmental and legal action against
                                  the respondent Collector, Kishanganj (Respondent
                                  No. 3) for willfully ignoring and violating the
                                  mandatory statutory provisions contained under
                                  Section 27(3) of the Act while passing the impugned
                                  order dated 29.11.2025 (Annexure–P/1).”


                      3. Learned counsel appearing on behalf of the

          petitioner seeks to avail remedy before the Commissioner

          against the order passed by the District Magistrate-cum-

          Collector, Kishanganj for the relief as prayed for in the present
           Patna High Court CWJC No.2766 of 2026(2) dt.27-02-2026
                                                       3/3




                     writ petition.

                                 4. It is admitted that a registered sale deed      was

                     executed by the father of the petitioner in respect of the same

                     land which was settled in his favour being a landless person.

                     Such sale is prohibited as per the provision of Section 27(3) of

                     Bihar Land Reforms (Fixation of Ceiling Area and Acquisition

                     of Surplus Land) Act, 1961, the petitioner cannot claim his right

                     on the basis of claim that he is also landless and he has all right

                     to inherit the settled land in question as per the provision of

                     Section 27(3) of the aforesaid Act.

                                 5. I don’t find that the present writ petition is

                     maintainable.

                                 6. Petitioner may avail remedy for cancellation of sale

                     deed before the competent civil court having jurisdiction.

                                 7. The present writ petition stands disposed of.



                                               (Purnendu Singh, J)
Sanjay/-

U


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