Patna High Court
Hardvar YadavversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The court declined to issue a mandamus and instead permitted the petitioner to approach the Circle Officer, disposing the petition.
Summary
Hardvar Yadav filed a writ petition seeking a mandamus directing the Circle Officer, Manpur, Gaya, to allow him to deposit Malguzari tax for his raiyati land up to FY 2025-26, contending that his ancestors had paid land revenue till FY 2018-19. The respondents, including the State of Bihar and the Circle Officer, argued that the land was acquired by the government under the Bihar Land Ceiling Act, 1961, which they claimed barred the petitioner’s claim. The petitioner’s counsel requested liberty to approach the Circle Officer for redress, while the State counsel raised no objection. Justice Rajiv Roy, after hearing the parties, granted the petitioner liberty to approach the concerned authority and directed that the representation be disposed of expeditiously. Consequently, the writ petition was disposed without issuing a mandamus.
Issues considered
- Whether the Bihar Land Ceiling Act, 1961 applies to the petitioner’s raiyati land.
- Whether the petitioner is entitled to deposit Malguzari tax for the period up to FY 2025-26.
- Whether a writ of mandamus should be issued directing the Circle Officer to allow the deposit.
Subjects
- mandamus
- Malguzari tax
- rai yati land
- Bihar Land Ceiling Act
- writ petition
- land revenue
- civil writ jurisdiction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3209 of 2026
======================================================
Hardvar Yadav S/o Late Bazir Yadav, R/o village Kaiya P.S. Mufassil, District
Gaya.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary Land Revenue and
Reforms Department Govt. of Bihar Patna.
2. The District Magistrate Gaya.
3. The Deputy Collector Land Reforms (DCLR) Gaya.
4. The Circle Officer, Manpur Gaya.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Nawnit Kumar Tiwary, Advocate
For the Respondent/s : Mr. Standing Counsel (23)
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 20-04-2026 Heard the parties.
2. The present petition has been preferred for the
following relief(s):
“(i) For issuance of a writ in the nature
of a writ of mandamus, commanding respondent
authorities especially respondent no. 4 to allow the
petitioner to deposit Malguzari tax to govt of Bihar
till financial year 2025-26 as the petitioner and his
ancestors continuously depositing land revenue till
FY 2018-19 towards raiyati land in question
purchased by 2 separate kewalas by Devlachhi
Kunwar (mother of petitioner) as khatiyan also in
Patna High Court CWJC No.3209 of 2026(3) dt.20-04-2026
2/2
the name of Devlachhi Kunwar but the respondent
no 4 under the garb that some lands of vendors
Most Shanti Devi and Most Kamla Devi had been
acquired by state govt under Bihar land ceiling act
1961 but the same out-rightly misconceived and
not having applicability in the case of raiyati lands
of this petitioner.
(ii) For any other relief/(s) applicable in
the facts and circumstances of the case.”
3. After some arguments, learned counsel for the
petitioner submits that he shall be approaching the Circle
Officer, Manpur, Gaya for the redressal of the grievance.
4. Learned State counsel has no objection to it.
5. In that background, granting liberty to the petitioner
to approach the concerned authority, the writ petition stands
disposed of with a direction to expeditiously dispose of the
representation of the petitioner.
(Rajiv Roy, J)
Adnan/-
U
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