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 proper forum for the relief sought.
Summary
The Bihar Adiwasi Adhikar Forum, through its patron Pramod Kumar Singh, filed a public interest litigation seeking writs of mandamus directing the Additional Chief Secretary, Department of Land Reform and Revenue, to dispose of a representation dated 21-10-2025 concerning protection of certain government land (Gair Majarua Khas) in Araria, and directing the District Registration Officer to stop the sale of that land. The petitioner alleged that no response had been received to the representation. The respondents contended that the High Court was not the appropriate forum for such a directive. The Court held that a PIL is not the proper vehicle for seeking administrative disposal of a representation and for ordering a stop to a land sale in this context. Consequently, the Court dismissed the writ petition and imposed heavy costs on the petitioner, warning against future misuse of the PIL mechanism.
Issues considered
- Whether a public interest litigation is maintainable for seeking a mandamus directing the disposal of a representation under land reform matters.
- Whether the High Court can issue a writ of mandamus directing the District Registration Officer to stop the sale of government land declared Gair Majarua Khas.
- Whether costs may be imposed for filing an improper PIL.
Subjects
- public interest litigation
- writ of mandamus
- land reform
- government land
- jurisdiction
- costs
- improper petition
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No. 5043 of 2026
======================================================
Bihar Adiwasi Adhikar Forum through its patron Pramod Kumar Singh, aged
about 69 years, male, 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 Inspector General, Registration, Bihar, Patna.
3. The District Registration Officer cum Collector, Araria.
4. The Circle Officer, Raniganj, District-Araria.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Pinki Kumari
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
21.10.2025 as contained in annexure-
P1 of this writ application in which
the petitioner prays for protection of
Government Land (Gair Majarua
Khas) which Khata No.- 1279,
Khesara No.- 4633, 4668, 4672, 4673
and 5101, area 279.49 acers, Thana
No.-73, Mauza - Majhua, Circle-
Raniganj, District- Araria.
(ii) issuance of writ of mandamus for
directing the respondent No.-3 i.e. the
District Registration Officer cum
Collector Araria to stop sale the land
Patna High Court CWJC No. 5043 of 2026(2) dt.01-05-2026
2/2
declared as Gair Majarua Khas which
Khata No.- 1279, Khesara No.- 4633,
4668, 4672, 4673 and 5101, area
279.49 acers, Thana No.-73, Mauza -
Majhua, Circle- Raniganj, District-
Araria.
(iii) The petitioner also prays for the
issuance of writ/writs, direction/
directions, order/orders in her favour
in the fact and circumstances of 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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