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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 is not the appropriate forum for ordering disposal of the representation and the relief sought is beyond the scope of a public interest litigation.

Summary

The Bihar Adiwasi Adhikar Forum filed a public interest litigation seeking writs of mandamus directing the Additional Chief Secretary, Department of Land Reform and Revenue, to (i) dispose of a representation filed on 5 November 2025 concerning a high‑level enquiry into land declared as government land under a 1994 Gazette notification, (ii) protect that declared government land, and (iii) distribute the 37.70 acres among land‑less Sikmi Raiyat (Scheduled Tribe) 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 seeking disposal of a representation and that the relief sought falls outside the scope of a public interest litigation. Consequently, the Court dismissed the petition, imposed heavy costs on the petitioner, and warned against repeating such filings.

Issues considered

  • Whether a public interest litigation is the proper forum for directing the disposal of a pending administrative representation.
  • Whether the High Court can issue a writ of mandamus directing the Department of Land Reform and Revenue to protect and distribute government‑declared land under the Vasgit Purcha Scheme.

Legislation cited

Subjects

  • public interest litigation
  • writ of mandamus
  • land reform
  • government land
  • tribal rehabilitation
  • jurisdiction

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.4520 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. Tower, New Punaichak, P.S- Shastrinagar, District- Patna- 800023.

                                                                          ... ... Petitioner/s
                                                 Versus
           1.    The State of Bihar through the Additional Chief Secretary, Department of
                 Land Reform and Revenue, Government of Bihar, Patna.
           2.    The Divisional Commissioner, Purnia.
           3.    The District Magistrate cum Collector, Purnia.
           4.    The Circle Officer, Krityanand Nagar, 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
                                                05.11.2025 as contained in annexure-
                                                P 1 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
                                                District Gazette Purnia Ank No.- 90
Patna High Court CWJC No.4520 of 2026(2) dt.01-05-2026
                                            2/3




                                          dated 17.10.1994 vide notification
                                          no.- 2981 dated 09.10.1994 under
                                          Ceiling Act in which Mauza Goaasi,
                                          Satkodariya,      Rahua,       Alinagar,
                                          Maranga, Circle- Krityanand Nagar,
                                          District- Purnia, Area - 37.70 acers
                                          from different Khata and Khesara had
                                          been declared as Government Land.
                                                    (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 protect declared as
                                          Government Land according to
                                          District Gazette Purnia Ank No.- 90
                                          dated 17.10.1994 vide notification no.
                                          2981 dated 09.10.1994 under Ceiling
                                          Act in which Mauza Goaasi,
                                          Satkodariya,      Rahua,       Alinagar,
                                          Maranga, Circle- Krityanand Nagar,
                                          District-Purnia, Area-37.70 acers
                                          from different Khata and Khesara had
                                          been declared as Government Land.
                                                    (iii) 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 An No.- 90
                                          among the Sikmi Raiyat (landless
                                          Schedule Trib family) to rehabilitate
                                          under Vasgit Purcha Scheme.
                                                    (iv) The petitioner also
                                          prays for the issuance of writ/writs,
                                          direction/ directions, order/orders in
                                          her favour in the fact circumstances of
             Patna High Court CWJC No.4520 of 2026(2) dt.01-05-2026
                                                         3/3




                                                       this case.”

                                   2. At the outset, learned counsel for the petitioner

                       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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