Patna High Court
Karu RajwanshiversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ANIL KUMAR SINHA
Holding
The High Court held that the petitioner must first avail the statutory remedy of appeal under Section 17 of the Bihar Bhoodan Yagna Act, 1954 before approaching the court.
Summary
Petitioner Karu Rajwanshi, as successor of Prabhu Chaudhary, challenged the cancellation of a Bhoodan Parwana dated 22.08.1970 that vested him with 4.41 acres of land in Nawada district. The cancellation order was passed by the Deputy Collector, Land Reforms, on 28.07.2025. The petitioner filed a writ petition in the Patna High Court without first filing an appeal under Section 17 of the Bihar Bhoodan Yagna Act, 1954, which provides the statutory remedy. The Court observed that the writ jurisdiction is not a substitute for the specific appeal provision in the Act. Accordingly, the Court disposed of the writ petition, directing the petitioner to prefer an appeal before the Collector within thirty days, along with a condonation of delay petition, and ordered the Collector to decide the appeal within a reasonable time.
Issues considered
- Whether a writ petition can be entertained in place of the statutory appeal prescribed under Section 17 of the Bihar Bhoodan Yagna Act, 1954 for cancellation of a Bhoodan Parwana.
Subjects
- Bhoodan Act
- Land Reform
- Writ Jurisdiction
- Statutory Appeal
- Cancellation of Title
- Section 17
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.499 of 2026
======================================================
Karu Rajwanshi S/o Lt. Baso Ram @ Baso Rajwanshi, R/o Village- Mahsai,
P.S. Rajauli, District-Nawada, Bihar.
... ... Petitioner/s
Versus
1. The State of Bihar through the Additional Chief Secretary, Land Reforms
Department, Government of Bihar, P.S. Secretariate, District- Patna, Bihar.
2. The Additional Chief Secretary, Land Reforms Department, Government of
Bihar, P.S. Secretariate, District- Patna, Bihar.
3. The Joint-Secretary, Land Reforms Department, Government of Bihar,
Patna, P.S.- Secretariate, District-Patna, Bihar.
4. The District Magistrate-cum-Collector, Nawada, P.S. Nawada, District-
Nawada, Bihar.
5. The Additional District Magistrate, Nawada, P.S. Nawada, District- Nawada,
Bihar.
6. The Land Reforms Deputy Collector, Rajauli, P.S. Rajauli, District- Nawada,
Bihar.
7. The Circle Officer, Rajauli, P.S. Rajauli, District- Nawada, Bihar.
8. The Bhoodan Yagya Committee, through its Chairman, Gardanibagh, P.S. -
Gardanibagh, District-Patna, Bihar.
9. The Chairman, Bhoodan Yagya Committee, Gardanibagh, P.S. - Gardani-
bagh, District-Patna, Bihar.
10. The Official Minister, District Bhoodan Yagya Committee, Nawada, P.S.
Nawada, District- Nawada, Bihar.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Devendra Prasad Singh
Mr. Anand Raj
For the Respondent/s : Mr. Ajay Behari Sinha, Government Advocate (8)
For the Respondent 8-10: Mr. Rajni Kant Singh, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
2 20-01-2026 1. Heard the parties.
2. Petitioner has challenged the order dated 28.07.2025
passed in Bhoodan Parcha Cancellation Case No. 04 / 2025-26
by the learned Deputy Collector Land Reforms, Rajauli,
Patna High Court CWJC No.499 of 2026(2) dt.20-01-2026
2/3
Nawada (respondent no. 6) by which ‘Parwana’ bearing
Parwana No. 202748 dated 22.08.1970 issued to the Parwana
holder namely, Prabhu Chaudhary (ancestor of the petitioner)
against the land situated at Mauja - Jhirjho, Thana No. 184,
Khata No. 589 (old) / 1603 (new), Khesra No. 5984 / 9108,
5985 / 9111, 5941 / 9114 having an area of 4.41 acres of land
by the Bhoodan Yagna Committee (respondent no. 8 & 10) has
been cancelled (Annexure -P/6).
3. Learned counsel for the petitioner submits that petitioner
is the successor in interest of Prabhu Chaudhary in whose
favour ‘Parwana’ under Bihar Bhoodan Yagna Act, 1954 (for
short “Bhoodan Act”) was issued in the year 1970 having Khata
No. 589 (old) / 1603 (new), Khesra No. 5984 / 9108, 5985 /
9111, 5941 / 9114.
4. Learned counsel for the Bhoodan Yagna Committee
submits that petitioner without availing the remedy of appeal
prescribed under Section 17 of the Bhoodan Act has directly
approached this Court under its writ jurisdiction.
5. Considering the nature of dispute, this writ application is
disposed with a direction to the petitioner to prefer appeal
before the Collector, Nawada under Section 17 of the Bhoodan
Act within a period of thirty days from today. If such appeal is
Patna High Court CWJC No.499 of 2026(2) dt.20-01-2026
3/3
filed by the petitioner along with condonation of delay petition,
the Collector, Nawada shall be obliged to decide the same in
accordance with law within a reasonable time frame.
(Anil Kumar Sinha, J)
praful/-
U
Checking your session…