Patna High Court
Taro RamversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The court ordered the Deputy Collector to dispose of Settlement Case No. 01 of 2012-13 within sixty days and stayed any development on the disputed land until the final order is passed.
Summary
The petitioner, Taro Ram, a landless resident of Haripur Marhi, filed a writ petition seeking the State authorities to pass a final order in Settlement Case No. 01 of 2012-13, to settle land for his rehabilitation, protect his long‑standing cultivation on Khata No. 461, and to stay construction of a multipurpose centre under the Jan Man Yojna on the disputed land. The petition also requested that, if settlement could not be effected, suitable land be allotted to him. The Court noted that the settlement case remains pending before the Deputy Collector, Land Reforms, Banmankhi, despite an earlier order dated 22‑09‑2011. Justice Rajiv Roy directed the Deputy Collector to dispose of the settlement case within sixty days, warning of an adverse order for non‑compliance, and held that any development on the land must await the final settlement order. The writ petition was consequently disposed with these observations.
Issues considered
- What relief, if any, is the court required to grant to ensure the petitioner’s land settlement and rehabilitation?
- Whether the authorities should be directed to stay the construction of the Jan Man Yojna multipurpose centre pending resolution of the settlement case.
Subjects
- land settlement
- bandobasti
- tribal affairs
- Jan Man Yojna
- writ petition
- stay order
- rehabilitation
- landless
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4376 of 2026
======================================================
Taro Ram Son of Late Dukha Ram Resident of Village and Post- Haripur
Marhi, Ward No.- 01, Police Station- Banmankhi, District- Purnea.
... ... Petitioner/s
Versus
1. The State of Bihar through Principal Secretary, Department of Revenue and
Land Reforms, Old Secretariat, Patna- 800015.
2. The Union of Inda, through Secretary, Ministry of Tribal Affairs,
Government of India, 416, 4th Floor, B- Wing, Shastri Bhawan, Dr.
Rajendra Prasad Road, New Delhi- 110001 also at Shastri Bhawan, Dr.
Rajendra Prasad Road, New Delhi- 110011.
3. The District Collector, Purnea, District- Purnea.
4. The Deputy Collector Land Reforms, Banmankhi, within District- Purnea.
5. The Sub Divisional Officer, Banmankhi, within District- Purnea.
6. The Circle Officer, Banmankhi, within District- Purnea.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Binay Kumar Sinha, Advocate
For the Respondent/s : Mr.Additional Solicitor General
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 09-04-2026 Heard Mr. Binay Kumar Sinha, learned counsel for
the petitioner and the State.
2. The present petition has been preferred for the
following relief/s:
(i) for issuance of direction to the State
authorities to pass final order in Bandobasti
Case no. 01 of 2012-13in the light of order
passed on 22.09.2011 In case no. 44 of 2011-
Patna High Court CWJC No.4376 of 2026(2) dt.09-04-2026
2/4
12;
(ii) for issuance of direction to the state
respondent authorities to settle the land in
question or in alternative the respondents
authorities may be directed to settle
appropriate land locality to the petitioner as
he is a landless person for his rehabilitation;
(iii) for the protection of long back peaceful
cultivating possession on the land in
question appertaining to Khata no. 461
Kheshra no. 579 area 1 acre 03 decimal
located in Mauza Haripur Madi of Anchal
Banmankhi till settlement of land to
petitioner;
(iv) for issuance of direction whereby stay
may be granted ongoing construction work
of multipurpose Centre (PVTG) under Jan
Man Yojna of Ministry of Tribal Affairs,
Government of India and concern
authorities may be directed to stop the work
of construction on the land in question till
the pendency of present writ;
Patna High Court CWJC No.4376 of 2026(2) dt.09-04-2026
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(v) for granting/issuance of any other reliefs
or order or direction as deem fit and proper
in the interest of justice.
3. It is unfortunate that even for the disposal of a
case, one has to move before this Court.
4. The Settlement Case No. 01 of 2012-13 was
preferred by the petitioner in the light of the order passed on
22.09.2011 in Case No. 44 of 2011-12.
5. The submission is that the same is still pending
before the learned Deputy Collector, Land Reforms,
Banmankhi.
6. Learned State counsel submits that if not disposed
of it shall be taken to its logical conclusion at an earliest.
7. This Court cautions the concerned Officer to act in
accordance with law and see to it that the aforesaid Settlement
Case No. 01 of 2012-13 is disposed of in next sixty days failing
which an adverse order may be passed against him.
8. The aforesaid order has been passed in the
background of the fact that the case is still pending, if the case is
disposed of, no further steps shall be taken.
9. Any development that will take place in between
shall be subject to the final outcome of the order passed by the
Patna High Court CWJC No.4376 of 2026(2) dt.09-04-2026
4/4
D.C.L.R., Banmankhi.
10. The writ petition is disposed of with the aforesaid
observation.
(Rajiv Roy, J)
Ravi/-
U
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