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Patna High Court

Daulati DeviversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Deputy Collector exceeded his jurisdiction and the orders dated 20‑11‑2024 and 17‑01‑2025 are quashed.

Summary

Daulati Devi and Gudiya Kumari filed a writ petition challenging an order dated 17‑01‑2025 passed by the Deputy Collector, Land Reforms, Arwal, which directed the police to vacate their raiyati land and hand it over to Sanjay Sudhi, who claimed tenancy rights. The petitioners argued that the Deputy Collector acted beyond his jurisdiction under the Bihar Land Disputes Resolution Act, 2009, which applies only to settled or allotted land. The High Court observed that the land in question is raiyati, not settled, and therefore the 2009 Act does not govern the dispute. Consequently, the Court held that the Deputy Collector exceeded his authority and quashed the orders dated 20‑11‑2024 and 17‑01‑2025. The petition was disposed, with the parties directed to approach the competent civil court for any further remedy.

Issues considered

  • Whether the Deputy Collector, Land Reforms, Arwal had jurisdiction under the Bihar Land Disputes Resolution Act, 2009 to pass an order for vacating raiyati land.
  • Whether the order dated 17‑01‑2025 directing possession to the respondent is liable to be set aside by certiorari.

Subjects

  • raiayti land
  • jurisdiction
  • Bihar Land Disputes Resolution Act
  • certiorari
  • land possession
  • settlement
  • unauthorised dispossession
  • civil writ jurisdiction

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Civil Writ Jurisdiction Case No.4111 of 2025
                 ======================================================
           1.     Daulati Devi Wife of Ram Janam Saw @ Ram Prawesh Saw, Resident of
                  Village Muradpur Hujra, Post office- Baidrabad, Police Station- Arwal,
                  District- Arwal, Bihar.
           2.    Gudiya Kumari Daughter of Ram Janam Saw @ Ram Prawesh Saw,
                 Resident of Village Muradpur Hujra, Post office- Baidrabad, Police Station-
                 Arwal, District- Arwal, Bihar.

                                                                                 ... ... Petitioner/s
                                                  Versus
           1.    The State of Bihar Through The Principal Secretary, Department of Revenue
                 and Land Reforms, Government of Bihar, Patna.
           2.    The District Magistrate, Arwal.
           3.    The Land Reforms Deputy Collector, Arwal.
           4.    The Circle Inspector, Arwal.
           5.    The Officer-In-Charge, Police Station- Arwal, District- Arwal.
           6.    Sanjay Sudhi Son of Late Ishwar Dayal Sudhi, Resident of Village
                 Muradpur Hujra, Post Baidrabad, Police Station- Arwal, Block, Arwal,
                 District- Arwal, Bihar.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s       :      Mr. Abu Nasar, Advocate
                 For the State              :      Mr. Bipin Kumar, AC to SC 3
                 For the Resp. No.6         :      Mr. Parth Gaurav, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

4   24-03-2026                   Heard Mr. Abu Nasar, learned counsel for the

                   petitioner, Mr. Parth Gaurav, learned counsel representing the

                   respondent no. 6 and Mr. Bipin Kumar, AC to SC 3.

                                 2. The present writ petition has been preferred for

                   grant of the followed reliefs:

                                                  i. for issuance of writ in the nature of
                                        certiorari to set aside the order dated 17.01.2025
                                        by which the Ld. Court of Land Reforms Deputy
                                        Collector allowed the Case No. 63/2024-25 filed
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                           under Bihar Land Disputes Resolution Act, 2009
                           filed by the Respondent No. 6 and directed the
                           Circle Officer, Arwal and Incharge Officer, Arwal
                           Police Station to vacate the house of the
                           petitioners within a period of one month and give
                           the possession to the Respondent No. 6.
                                        ii. for issuance of appropriate direction
                           to stay the operation of the order dated
                           17.01.2025 and direct the respondents herein to
                           not take any coercive step in light of the said
                           order.
                                        iii. for any other relief(s) that this
                           Hon’ble Court may deem fit and appropriate.”
                      3. The matter relates to a piece of land having

          following details:

                         “ Khata No.- 40
                           Plot No.- 437
                          Mauza- Muradpur Hajra
                          Thana- 80
                           Police Station & Block Arwal, District- Arwal
                           (Area 2 decimal)
                      4. Admittedly, it is a raiyati land on which the

          respondent no. 6 has laid his claim. As would manifest, the

          respondent no. 6 moved before the Court of learned Deputy

          Collector, Land Reforms, Arwal under Bihar Land Disputes

          Resolution Act, 2009 (for short, 2009 Act) which led to

          Miscellaneous Case No. 63/2024-25 (Sanjay Sudhi Vs. Daulati

          Devi and Ors.).

                      5. His claim was that as a tenant, the lady entered but
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          is now staking claim on it and as such, be removed from the said

          land.

                      6. The petitioners were noticed and thereafter vide an

          order dated 17.01.2025 and after hearing the parties, setting

          aside the contention/ preliminary objection that it is raiyati land,

          the Court cannot hear the case (as the land has not been received

          by the respondent no. 2 through any settlement), an order was

          passed with a direction to the Revenue Authorities /Police

          Officials to ensure that the land stands vacated and handed over

          to the respondent no. 6.

                      7. Aggrieved the present writ petition.

                      8. Learned counsel for the petitioners submit that the

          aforesaid act of D.C.L.R., Arwal is in teeth of the Bihar Land

          Dispute Resolution Act, 2009 (henceforth for short ‘the 2009

          Act’) and the orders passed by this Court particularly in the case

          of Basudev Saw & Ors. vs. The State of Bihar & Ors. (CWJC

          No. 9536 of 2022) disposed of on 29.03.2023 as also in the case

          of Akhilesh Singh vs. The State of Bihar (CWJC No. 17154 of

          2022) disposed of on 01.04.2024. He has taken this Court to

          paragraph nos. 16 and 17 of the order passed in Akhilesh

          Singh (supra) which reads as under:-

                                           “16.     This   Court   will   like   to
                              incorporate Section 4 of the 2009 Act which
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                              read as follows:
                                           4. Jurisdiction and authority to
                              resolve disputes- (I) The Competent Authority
                              shall have jurisdiction and authority to hear
                              and adjudicate, on an application or complaint
                              or on any application referred to by a
                              Prescribed Authority or Officer, any issue
                              arising out of following types of disputes:-
                              Unauthorised and unlawful dispossession of
                              any settlee or allottee from any land or part
                              thereof, settled with or allotted to him for under
                              any Ad or Policy of the State or Central
                              Government          providing   for   settlement   of
                              government land to the persons of any specified
                              category under any Act contained in Schedule-1
                              to this Act by issuance of any settlemen
                              document/parcha by a Competent Authority;
                                           (b) Restoration of possession of
                              settled/allotted land in favour of legally entitled
                              settlee/ allottee or his successors /heirs, upon
                              adjudication of unauthorized and unlawful
                              dispossession;
                                           (c) Threatened dispossession of a
                              legally entitled settlee /allottee:
                                           (d) Any of the matters enumerated in
                              (a), (b) and (c) above appertainings raiyati
                              land;
                                           (e) Partition of land holding;
                                           (f) Correction of entry made in the
                              Record of Rights including map/survey mag
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                                           (g) Declaration of the right of a
                              person;
                                           (h) Boundary disputes;
                                           (i)        Construction    of   unauthorized
                              structure; and
                                           (j) Lis pendens transfer.
                                           (2) The Competent Authority shall not
                              have jurisdiction to review or reopen any finally
                              concluded and adjudicated proceeding under
                              any of the Acts contained in Schedule-1. The
                              Competent           Authority     shall      exercise      his
                              authority for resolving the dispute brought
                              before him on the basis of any final order
                              passed by any of the authorities empowered to
                              do so in the Acts contained in Schedule-1 of this
                              Act.
                                           (3) The Competent Authority shall not
                              have jurisdiction to adjudicate any fresh rights
                              of allottee/settlee or a raiyat which is not yet
                              determined and is required to be determined in
                              accordance with provisions contained in any of
                              the Acts contained in Schedule-1:
                                            Provided that where rights of allottee
                              / settlee or raiyat are already determined under
                              any of the Acts contained in Schedule-1, the
                              Competent Authority shall have jurisdiction to
                              entertain      cases        appertaining        to    matters
                              enumerated in sub-section (1).
                                           (4)          Notwithstanding            anything
                              contained          in     sub-section     (2)        and   (3)
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                              hereinabove, no provision is made in any of the
                              Acts contained in Schedule-1 for determination
                              of rights of allottee/settlee or raiyat and
                              claimed right is yet to be determined, it shall be
                              open to the Competent Authority to finally
                              determine such right.
                                           (5)     The     Competent     Authority,
                              wherever it appears to him that the case
                              instituted before him involves complex question
                              of adjudication of title, he shall close the
                              proceeding and leave it open to parties to seek
                              remedies before the competent civil Court.”
                                           17. A perusal of the said section
                              would clearly show that it is restricted to the
                              settlee or the allottee of a land where there is
                              unauthorized unlawful dispossession as also
                              relating     to     restoration   of   possession   of
                              settled/allotted land.
                      9. The respondent no. 6 has appeared and though the

          counter affidavit has been filed and the grievance is that the

          petitioners entered as a tenant and now they are trying to usurp

          the entire land, candidly admits that in view of ‘the 2009 Act’, it

          been a raiyati land, the D.C.L.R., Arwal exceeded his

          jurisdiction.

                      10. As usual, the State respondents failed to file any

          affidavit despite the matter being adjourned earlier.

                      11. Having heard the parties, in the opinion of the
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                      Court, when the parties are in agreement that it is not a settled

                      land rather a raiyati land, naturally ‘the 2009 Act’ is not

                      applicable in the present case.

                                  12. This Court has further taken note of the orders

                      passed by Patna High Court in earlier cases especially, in

                      Akhilesh Singh (supra) case and is of the considered view that

                      D.C.L.R., Arwal certainly exceeded his jurisdiction in passing

                      the order in question.

                                  13.Accordingly, the order dated 20.11.2024 and the

                      order dated 17.01.2025 stands quashed.

                                  14. The parties including respondent no. 6 are free to

                      take steps for redressal of the grievance by approaching the

                      Competent Civil Court as this Court has taken note of the claim

                      of the respondent no. 6 that despite he being the absolute owner

                      of the land in question and only tenancy right was given to the

                      petitioners who are now illegally claiming title over the land.

                                  15. With the aforesaid observation, the writ petition is

                      disposed of.


                                                    (Rajiv Roy, J)

Ranjeet/-
U


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