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Patna High Court

Shiv Shankar Singh and AnrversusThe State Of Bihar and Ors

Decided
Disposal
DISPOSED

Holding

The High Court declined to entertain the merits of the petition and disposed of the application, granting the petitioners liberty to approach the appropriate authority for relief.

Summary

The petitioners, a group of landowners from Barjhalla village, filed an application in the Patna High Court seeking to set aside two earlier orders – one dated 14 July 2017 in B.L.T. Case No. 912/2016 and another dated 13 February 2012 issued by the Minister of Land Reforms under Section 45‑B of the Bihar Land Reform (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961. The orders pertained to the reopening of a ceiling case concerning 4.38 acres of land belonging to the petitioners and the partial cancellation of a Gazette notification dated 30 June 2000 that had affected the same land. The petitioners argued that the orders were erroneous and that the Gazette notification should be set aside. The court, after hearing counsel, declined to examine the merits of the substantive claims and instead granted the petitioners liberty to pursue the appropriate remedy before the concerned authority. Consequently, the application was disposed of without any substantive adjudication on the issues raised.

Issues considered

  • What is the appropriate jurisdiction and procedure for setting aside the order dated 13 February 2012 issued under Section 45‑B of the Bihar Land Reform Act?
  • Whether the Gazette notification dated 30 June 2000 under Section 15(1) of the same Act can be set aside in respect of the petitioners' land?
  • Whether the High Court should entertain the petition for setting aside the earlier order dated 14 July 2017 in B.L.T. Case No. 912/2016.

Subjects

  • land ceiling
  • land reform
  • gazette notification
  • Section 45-B
  • Bihar
  • reopening of ceiling case
  • high court jurisdiction

Judgment

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.438 of 2018
     ======================================================
1.    Shiv Shankar Singh and Anr S/o Late Bhuneshwar Singh,
2.   Jay Shankar Singh, S/o Late Bhuneshwar Singh, Both resident of Village-
     Barjhalla, P.O.- Budh Nagar, PS- Pranpur, Dt. Katihar.

                                                                   ... ... Petitioner/s
                                         Versus
1.   The State Of Bihar and Ors
2.   The Presiding Officer-cum-The Hon'ble Minister, Department of Land
     Reforms, Govt. of Bihar, Patna.
3.   Addl. Collector, Katihar, Ceiling, Katihar, P.O. and District- Katihar.
4.   Circle Officer, Pranpur, At and P.O.- Pranpur, District- Katihar.
5.   Abdul Hassan, S/o Elahi Bux, Resident of Village and P.O.- Manshahi, P.S.-
     Pranpur, District- Katihar.
6.   The Bihar State Sunni Wakf Board, through its Secretary, Patna, Bihar.
7.   Asin Ram, S/o Bengu Ram, Resident of Village- Barjhalla, P.O.- Budh
     Nagar, P.S.- Pranpur, Dt. Katihar.
8.   Chaitu Ram, S/o Asin Ram,
9.   Bihari Ram, S/o Asin Ram,
10. Prakash Ram, S/o Asin Ram,
11. Lalit Ravidas, S/o Late Daggu Ravidas,
12. Brijlal Ravidas, S/o Chhedi Ram,
13. Reetlal Ram, S/o Chhedi Ram,
14. Bangali Ram, S/o Chhedi Ram,
15. Shamiya Devi, W/o Suresh Ravidas,
16. Bilas Mandal, S/o Late Pagu Mandal,
17. Gholtan Mandal, S/o Late Pagu Mandal,
18. Ramdeo Mandal, S/o Late Pagu Mandal, null
19. Sudar Mandal, S/o Late Pagu Mandal, null
20. Ganesh Rishi, S/o Late Somar Risi,
21. Tuntun Rajak, S/o Late Luchai Rajak, All 8 to 21 are residents of Village-
    Barjhalla, P.O.- Budh Nagar, P.S.- Pranpur, District- Katihar.

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s   :       Mr. Anshuman Jaipuriyar, Adv.
     For the Respondent/s   :       Mr. Bipin Kumar, Adv.
     For the State          :       Mr. Dhurjati Kumar Prasad, GP-14
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
         Patna High Court CWJC No.438 of 2018(3) dt.13-01-2026
                                                     2/3




                                                  ORAL ORDER

3   13-01-2026                    Heard Mr. Anshuman Jaipuriyar, learned counsel for

                   the petitioners and the State.

                               2. The present application has been preferred:

                                                       setting aside the Order dated
                                          14.07.2017 passed in B.L.T. Case No.
                                          912/2016 and for setting aside the Order
                                          dated 13.02.2012 passed by Respondent No.
                                          2, the Hon'ble Minister, Land Reforms,
                                          Government of Bihar in Case No. 3/2006
                                          filed under Section 45-B of the Bihar Land
                                          Reform (Fixation of Ceiling Area and
                                          Acquisition of Surplus Land) Act 1961,
                                          hereinafter referred to as "the Act"; whereby
                                          application filed for reopening the Ceiling
                                          Case No.1 of 1998-99/99 of 73-74 started
                                          against Safiganj Wakf Estate and Chairman,
                                          Sunni Wakf Board and for setting aside the
                                          part of Gazette notification dated 30.06.2000
                                          published under Section 15 (1) of the Act in
                                          respect of lands of the petitioners situated at
                                          Mauza Barjhalla appertaining to Chak
                                          Khata no. 11, Plot no. 77/3, 43 and 77/2,
                                          Sikmi Khata no. 4, Khesra plot no. 190, 191,
                                          133 measuring an area 4.38 acres in total,
                                          hereinafter referred as land in question, has
                                          been rejected. Certified copy of Order dated
                                          13.02.2012 passed by Respondent no. 2,
                                          Hon'ble Minister, Law Reforms Department,
           Patna High Court CWJC No.438 of 2018(3) dt.13-01-2026
                                                       3/3




                                            Government of Bihar, Patna and Gazette
                                            notification dated 30.06.2000 published by
                                            Collector, Katihar under Section 15 (1) of
                                            the Fixation of Ceiling Area and Acquisition
                                            of Surplus Land Act are Annexed herewith
                                            for MY LORDS kind perusal.
                                 3. After some argument, learned counsel for the

                     petitioners submit that they shall be pursuing appropriate

                     remedy before appropriate authority.

                                 4. Granting said liberty and without commenting on

                     the merit of the case, disposed of.



                                                   (Rajiv Roy, J)
Vijay Singh/-

U


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