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Patna High Court

Raj Kumar RamversusThe State of Bihar and Ors

Decided
Disposal
DISPOSED

Holding

The petition was dismissed because the petitioner failed to establish that he is a landless person, and therefore the settlement order could not be set aside.

Summary

The petitioner, Raj Kumar Ram, claimed to be a landless person possessing 0.5 decimal of land and sought a writ to set aside a 28 November 2007 order that settled two decimals of land (Plot No.645, Khata No.271) in the name of respondents 6‑6.4. The land had originally been allotted to a landless applicant, Prayan Ram, by the Circle Officer. The petitioner argued that he too should be allowed to file a representation for land allocation. The High Court examined the records and found that the petitioner had not established his status as a landless person. Consequently, the Court held that without such proof the petition could not succeed and disposed of the writ petition, noting that any representation by the petitioner should be considered only if he can satisfy the authority of his landless status.

Issues considered

  • Whether the petitioner is a landless person eligible for land allocation under land reform provisions.
  • Whether the order dated 28‑11‑2007 settling the land in the name of respondents 6‑6.4 can be set aside by a writ.
  • Whether the petitioner can file a representation for land allocation in the absence of proof of landlessness.

Subjects

  • land settlement
  • writ petition
  • landless person
  • land reforms
  • civil writ jurisdiction
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.4850 of 2019
                 ======================================================
                 Raj Kumar Ram S/o Rama Shankar Ram Vill.- Gorashra, P.o. and P.s.-
                 Ramgarh, Distt.- Kaimur (Bhabua)

                                                                           ... ... Petitioner/s
                                                    Versus
           1.    The State of Bihar
           2.    The District Magistrate Kaimur at Bhabua
           3.    Sub Divisional Officer Mohania, Kaimur at Bhabua
           4.    Deputy Collector Land Reforms, Mohania, Kaimur at Bhabua
           5.    Circle Officer Ramgarh, Kaimur at Bhabua
           6.1. Ramashish Ram Son of Late Parayan Ram, R/o - Village - Gorasara, P.O. -
                P.S. Ramgarh, District- Kaimur (Bhabua).
           6.2. Ramniwas Ram Son of Late Parayan Ram, R/o - Village - Gorasara, P.O. -
                P.S. Ramgarh, District- Kaimur (Bhabua).
           6.3. Ravikant Ram Son of Late Parayan Ram, R/o - Village - Gorasara, P.O. -
                P.S. Ramgarh, District- Kaimur (Bhabua).
           6.4. Dablu Ram Son of Late Parayan Ram, R/o - Village - Gorasara, P.O. - P.S.
                Ramgarh, District- Kaimur (Bhabua).

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :      Mr.Radha Mohan Pandey, Advocate
                 For the Respondent/s    :      Mr.Md. Khursid Alam ( Aag12 )
                 For Respondent no. 6 to 6.4    Mr. Rama Kant Ram, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

6   03-02-2026                   Heard Mr. Radha Mohan Pandey, learned counsel for

                   the petitioner and the Mr. Rama Kant Ram for the respondent

                   nos. 06 to 6.4.

                               2. The present petition has been preferred for the

                   following relief/s:

                                           (i) for issuance of an appropriate writ, under

                                           a direction for setting aside the order dated
Patna High Court CWJC No.4850 of 2019(6) dt.03-02-2026
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                                  28.11.2007 in land settlement case No. 18 of

                                  2007-08 through which Anchaladhikari,

                                  Ramgarh has recommended for settlement of

                                  2 decimal land of Plot No. 645 Khata No.

                                  271, of Mouza Garashra to DCLR, Bhabua,

                                  who further forwarded for its approval to

                                  Sub      Divisional    Officer,   Bhabua   for

                                  settlement of land which has been settled in

                                  the name of Respondent No. 6.

                       3. It is to be noted that the original respondent,

          Prayan Ram was a landless person and on his application, the

          Circle Officer, Ramgarh, Kaimur allotted two decimals of land

          vide Khata No. 271, Kheshra no. 645, Thana-215 at Garashra

          under Ramgarh Circle in the district of Kaimur. It is further to

          be noted that the land is having an area of 8 decimals, the

          petitioner who claims to be having possession of 0.5 decimal of

          land challenged the said order.

                       4. The counter affidavit of the Circle Officer,

          Ramgarh, Kaimur is on record and he has given reasons to

          justify the order passed in question.

                       5. Paragraph-07 records that finally it was the

          decision of the Sub-Divisional Officer, Mohania which led to
         Patna High Court CWJC No.4850 of 2019(6) dt.03-02-2026
                                                     3/3




                   settlement of the land.

                                6. After some argument, learned counsel for the

                   petitioner submits that he too is a landless person though

                   presently having possession of the adjoining land and as such it

                   will suffice, if he is also allowed to file representation.

                                7. This Court has gone through the facts of the case

                   and the submissions of the parties and do not find anywhere that

                   the petitioner has recorded that he is a landless person.

                   However, if he is able to satisfy the authority that he is a

                   landless person, the representation preferred by him be

                   considered sympathetically.

                                8. The writ petition is disposed of with the aforesaid

                   observation.




                                                 (Rajiv Roy, J)
Ravi/-

U


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