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Patna High Court

Karu RajwanshiversusThe State of Bihar

Decided
Disposal
DISPOSED

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
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          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


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