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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