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Patna High Court

Bihar Adiwasi Adhikar ForumversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The petition is dismissed as the High Court held that the writ petition is not the proper forum for the relief sought.

Summary

The Bihar Adiwasi Adhikar Forum filed a public interest litigation seeking a writ of mandamus directing the Additional Chief Secretary of the Department of Land Reforms and Revenue to (i) dispose of a representation dated 15‑10‑2025 concerning a high‑level enquiry into land declared as Government Land under the 1997 Gazette notification, and (ii) distribute that land among landless Scheduled Caste and Scheduled Tribe families under the Vasgit Purcha Scheme. The petitioner alleged that no response had been received to the representation. The Court held that a writ petition is not the appropriate forum for such a public‑interest claim seeking administrative action. Consequently, the petition was dismissed with a warning and heavy costs imposed on the petitioner.

Issues considered

  • Whether a public interest litigation is the proper forum for seeking a writ of mandamus to compel disposal of a representation and to direct land distribution under the Land Ceiling Act.
  • Whether the High Court can issue mandamus directing the Department of Land Reforms to conduct a high‑level enquiry and allocate land to landless SC/ST families.

Legislation cited

Subjects

  • public interest litigation
  • writ of mandamus
  • land reform
  • land distribution
  • administrative law
  • Bihar
  • Schedule Caste
  • Schedule Tribe
  • Land Ceiling Act

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.4518 of 2026
                 ======================================================
                 Bihar Adiwasi Adhikar Forum through its Patron Pramod Kumar Singh, aged
                 about 69 years, male, S/o Late Ramanand Singh, Resident of- Flat No.-A-22,
                 R.D. Towerl, New Punaichak, P.S- Shastrinagar, District- Patna- 800023.

                                                                          ... ... Petitioner/s
                                                 Versus
           1.    The State of Bihar through the Additional Chief Secretary, Department of
                 Land Reforms and Revenue, Government of Bihar, Patna.
           2.    The District Magistrate cum Collector, Purnia.
           3.    The Sub Division Magistrate, Banmakhi, Purnia.
           4.    The Deputy Collector, Land Reform, Banmakhi, Purnia.
           5.    The Circle Officer, Banmakhi, Purnia.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr. Sunil Kumar Singh, Adv.
                 For the Respondent/s   :      Mr. Advocate General
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

2   01-05-2026                 This Public Interest Litigation has been filed seeking

                   following reliefs:-

                                                “(i) issuance of writ of mandamus for
                                                directing the respondent No. 1 i.e. the
                                                Additional       Chief      Secretary,
                                                Department of Land Reform and
                                                Revenue, Government of Bihar to
                                                dispose of the representation dated
                                                15.10.2025 as contained in annexure-
                                                P1 of this writ application in which
                                                the petitioner prays for to constitute
                                                high level enquiry to inquire at
                                                present status of declared as
                                                Government Land according to
Patna High Court CWJC No.4518 of 2026(2) dt.01-05-2026
                                            2/3




                                          District Gazette Purnia No.-24 dated
                                          29.08.1997 vide notification no.- 3032
                                          dated 23.08.1997 under Ceiling Act
                                          which Khata No.- 1546, Khesara No.-
                                          22, area 2.84 acers, Khata No. 1545,
                                          Khesara No.- 257, Arean 4.16 acers,
                                          and Khata No.- 2404, Khesara No.-
                                          256, Area- 15.40 i.e. total Area- 22.40
                                          all Thana No.-56, Mauza Balua
                                          Kachehry, Circle- Banmakhi, District-
                                          Purnia.
                                                     (ii) issuance of writ of
                                          mandamus         for   directing    the
                                          respondent No. 1 i.e. the Additional
                                          Chief Secretary, Department of Land
                                          Reform and Revenue, Government of
                                          Bihar to distribute the land declared
                                          as Government Land according to
                                          District Gazette Purnia No.- 24 dated
                                          29.08.1997 vide notification no.- 3032
                                          dated 23.08.1997 under Ceiling Act
                                          which Khata No.- 1546, Khesara No.-
                                          22, area 2.84 acers, Khata No.- 1545,
                                          Khesara No.- 257, Arean 4.16 acers,
                                          and Khata No.- 2404, Khesara No.-
                                          256, Area- 15.40 i.e. total Area- 22.40
                                          all Thana No.-56, Mauza Balua
                                          Kachehry, Circle- Banmakhi, District-
                                          Purnia, among the landless Schedule
                                          Caste and Schedule Tribe family to
                                          rehabilitate under Vasgit Purcha
                                          Scheme.
                                                     (iii) The petitioner also
                                          prays for the issuance of writ/writs,
                                          direction/ directions, order/orders in
                                          her favour in the fact and
                                          circumstances of this case.”

                      2. At the outset, learned counsel for the petitioner
             Patna High Court CWJC No.4518 of 2026(2) dt.01-05-2026
                                                         3/3




                       submits that representation has been filed before the concerned

                       authority, but no response has been received.

                                   3. This is not the proper forum for invoking public

                       interest litigation, seeking for a direction for disposal of the

                       representation.

                                   4. We are proposing to impose heavy cost on the

                       petitioner, but with all warning not to repeat such activity, the

                       writ petition stands dismissed.



                                           (Sangam Kumar Sahoo, CJ)


                                                   (Harish Kumar, J)
supratim/-

U


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