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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