Patna High Court

Ravindra Kumar SinhaversusThe State of Bihar

Decided: 29 June 2026
Disposal: DISPOSED
Bench: RAJIV ROY

Holding

The State Government is not liable to pay salary or any grant to the Bhoodan Yagya Committee, and therefore a mandamus cannot be issued.

Summary

A large group of former and current employees of the Bihar Bhoodan Yagya Committee filed a writ petition seeking the quashing of a letter dated 13 July 2022 that rejected their demand for grant‑in‑aid and payment of salary, provident fund, travelling allowance and gratuity for various financial years, and prayed for a mandamus directing the State to release the funds. The respondents relied on earlier High Court judgments (MJC No. 2473 of 2017 and LPA No. 505 of 2016) and the decision in Badrinarayan, holding that the Bihar Bhoodan Yagna Act contains no provision obligating the State to pay salary or any grant to the Committee. The Court observed that without a statutory or constitutional duty, a writ of mandamus cannot be issued. Consequently, the petition was dismissed as having no merit, and the earlier appellate orders were affirmed.

Issues considered

Whether the Bihar Bhoodan Yagna Act imposes a statutory duty on the State to pay salary, grant‑in‑aid or other benefits to the employees of the Bhoodan Yagya Committee.
Whether a writ of mandamus can be issued to compel the State to release the demanded funds in the absence of such statutory duty.

Legislation cited

Bihar Bhoodan Yagna Act, 1954

Subjects

grant-in-aid
mandamus
Bihar Bhoodan Yagna Act
writ petition
salary
provident fund
state liability

Judgment

IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5080 of 2023
======================================================
1. Ravindra Kumar Sinha Son of Late Ramvilash Pd. Sinha, Resident of
Village R.S. Tank, P.O.- Bahadurpur, P.S.- Laheriasarai, District- Darbhanga.
2. Niraj Kumar Singh Son of Krishna Kumar Singh, Resident of Village-
Madhaul, P.S. Maniyani, District- Muzaffarpur.
3. Bipin Bihari Sinha Son of Late Ganesh Prasad Verma, Resident of Mohalla-
Said Nagar, P.O. Bahadurpur, P.S.- Laherisarai, District- Darbhanga, Retired
on 31.03.2018 Extension 31.03.2021
4. Kailash Prasad Singh Son of Late Baijnath Singh, Resident of Village-
Bathne, P.O. Rampatti, P.S.- Pandaul, District- Madhubani, retired on
07.06.2017 Extension March 2021
5. Krishna Kumar Singh Son of Late Mahavir Singh, Resident of Village-
madhaul, P.S.- Maniyari, District- Muzaffarpur, retired on 30-06-2016,
Extension March 2021.
6. Md. Israfil Son of Md. Makbul Nadaf, Resident of Village- Ujani, P.S.
Naugachhia, District- Bhagalpur.
7. Premchand Pandit Son of Babulal Pandit, Resident of Village- Allapur, P.S.
Pachraukhi, District- Siwan.
8. Jagannath Prasad Son of Ramavtar Prasad, Resident of Village- padrauna,
Lomi, Chaur, P.S. Bhore, District- Gopalganj. Retirement dated 30.08.19,
Extension 31-03-2021.
9. Pankaj Kumar Singh Son of Krishna Kumar Singh, Resident of Village-
Madhaul, P.S. Maniyari, District- Muzaffarpur.
10. Khushichand Sah Son of Tengri Sah, Resident of Village- Rajandih, P.S.
Rajpur, District- Rohtas.
11. Chandeshwary Chauddhary Son of Bhauali Choudhary, Resident of Village-
Bramha Asthan, Kamalpur, P.S. Baruraj, District- Muzaffarpur. Retired
12. Dharam Nath Singh Son of Vinda Singh, Resident of Mithanpura, P.S.
Baruraj, District Muzaffarpur. Retired.
13. Umesh Prasad Singh Son of Laxmi Narayan Singh, Resident of Village-
Badalpura, P.S. Matihani, District- Begusarai. Retired.
14. Raghubir Raghwan Son of Phaujdarsah, Resident of Village- Pakri, P.S.
Baruraj, District- Muzaffarpur.
15. Arti Devi Wife of Ram Binjay Jha, Resident of Rajipatra Bazar, P.S.
Muffasil, District- Purnea.
16. Rakesh Kumar Jha Son of Shyamal Kishore Jha, Resident of Mohalla-Sipahi
Tola, P.S. Purnea Sadar, (K.Hat) District- Purnea.
17. Ram Narayan Lal Karn Son of Lakshmilal, Resident of Bhagirath Patti, P.S.
Basopatti, District Madhubani. Retired.
18. Ramsanehi Ray Son of Ram Kumar Bhakt, Resident of Ward No. 6,
Balbhadrapur, P.S. Muffasil, District- Samastipur.
19. Ramchandra Sahni Son of Rajendar Kapar, Resident of Bisunchitipur P.S.
Patna High Court CWJC No.5080 of 2023(7) dt.29-06-2026
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Kanti, District- Muzaffarpur.
20. Upendra Kumar Son of Namdhari Ram, Resident of Machhager Jagdish,
Machhayar Patti, P.S. Hathua, District. Gopalganj.
21. Sakaldev Mandal Son of Bihari Mandal, Resident of village Gosaitolla, P.S.
Gayghat, District Muzaffarpur.
22. Mithilesh Kumar Thakur Son of Late Nagendra Thakur, Resident of Village
Chandi, P.O. Ranipatra, P.S. Muffasil Purnea, District- Purnea.
23. Kedar Nath Dutt Son of Late Triveni Kant Dutt, Resident of Village
Adrhawar, P.S. Basopati, District- Madhubani.
24. Nand Khsore Yadav Son of Late Arjun Yadav, Resident of Village Kursela,
P.S. Kursela, District. Katihari.
25. Abhay Kumar Son of Jamun Rajak, Resident of Mohalla- Gosai Tola, P.S.
Patliputra, District. Patna.

... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna.
2. The Principal Secretary, Department of Revenue and Land Reform, Govt. of
Bihar, Patna.
3. The Director, Land Acquisition-cum-Additional Secretary, Revenue and
Land Reform, Govt. of Bihar, Patna.
4. The Principal Secretary, Department of Finance, Govt. of Bihar, Patna.
5. The Bihar Bhoodan Yagya Committee, through its Chairman-cum-Member,
Board of Revenue, Govt. of Bihar, Patna.
6. The Secretary, Member Board of Revenue, Govt. of Bihar, Patna.

... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sarbottam Kumar Sarkar, Advocate
For the Respondent/s : Mr. Birendra Pd. Singh, AC to SC-19
For the Committee : Mr. Manish Kumar, Advocate
Mr. Rajnikant Singh, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER

7 29-06-2026 Heard the parties.

2. The present petition has been preferred for the

following relief(s):

“(i) For quash the Letter No. 630
dated 13.07.2022 issued by the Director,
Patna High Court CWJC No.5080 of 2023(7) dt.29-06-2026
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Land Acquisition cum Additional Secretary,
Revenue and Land Reforms, Govt. of Bihar,
Patna whereby and whereunder he has been
pleased to reject the demand made for
release of grant in aid for payment of
employees of Bhoodan Yagya Committee and
other legal expenses for financial year 2010-
2011 to sum of Rs. 7,43,54,004/-.
(ii) To quash the part of the
aforesaid letter by which decision has been
taken to release of Rs. 1,31,49,000 +
1,31,49,000 2,62,98,000/- for payment of
salary of Employment and meet other legal
expenses of Bhoodan Yagya Committee for
financial year 2019-2020 and 2020-2021.
(iii) To quash the part of the
aforesaid letter by which decision has been
taken to release only Rs. 1,31,49,000/- for
current financial year whereas demand has
been made of Rs. 2,45,43,644/-.
(iv) To quash the part of aforesaid
letter by which claim for payment of
Provident Fund of Provident Fund
Travelling Allowance and Gratuity for
employee of Bhoodan Yagya Committee
which have also been rejected.
(v) To give order/direction
commanding the Respondent Authorities to
release the grant in aid for financial year
2010-2011 to 2017-2018 alongwith payment
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of provident Fund Aid of Provident Fund
and Gratuity of Employees of Bhoodan
Yagya Committee which have not been paid
to them.
(vi) To give order/direction
commanding the Respondent Authorities
also to release the granting aid to the
Bhoodan Yagya Committee for financial
year 2018-2019 2019-2020, 2020-2021,
2021-2022 and for financial year 2022-2023
as requisitioned by the Secretary, Board of
Revenue for payment of Employees of
Bhoodan Yagya Committee and other
expenses of the said committee and other
expenses of the said Committee so that the
work of the office of Bhoodan Yagya
Committee can be properly managed and
employees of the committee be also paid
regularly.
(vii) To give order/direction to the
Respondent Authorities to make payment of
salary which is due from November 2018.
Particularly when the Bhoodan Yagya
Committee was dissolved and it was merged
with the office of Board of Revenue and
some of petitioners have been regularly
working as on employee of State and same of
petitioners have been retired from his
service.
(viii) To given order/direction to
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the Respondent Authorities to make payment
of Provident Fund grant in aid, Travelling
allowance and also gratuity to the
petitioners for the aforesaid financial year
which have also due from the said financial
year.
(ix) To give any other writ, order,
direction to the respondents for which the
petitioners are found entitled under the facts
an circumstances of this case.”

3. A counter-affidavit has come on behalf of the

respondents annexing the Division Bench order of the Patna

High Court in MJC No. 2473 of 2017 (Bihar Bhoodan Yagna

Committee vs. The State of Bihar & Ors.) as also LPA No.

505 of 2016 (Bihar Bhoodan Yagna Committee vs. The State

of Bihar & Ors.) disposed of on 01.05.2017 and it would be

appropriate to incorporate relevant part of the said order as

follows:

“We have heard learned counsel for the

parties at length and we have also gone through

the Bhoodan Yagna Act and the regulations framed

therein and we do not find nor has any statutory

provision, rule or regulation been brought to our

notice which mandates, under law, the State
Patna High Court CWJC No.5080 of 2023(7) dt.29-06-2026
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Government to make payment of salary or any

grant to the Committee. On the contrary, a co-

ordinate Bench of this Court in the case of

Badrinarayn (supra) has held after taking note of

various provisions of the Bihar Bhoodan Yagna

Act, 1954 that the State Government is not liable to

pay salary or any grant to the Committee and,

therefore, we are of the considered view that no

mandamus can be issued to the State Government

in the absence of there being any statutory or

constitutional provision mandating the State

Government to pay any grant or salary to the

employees of the Committee. It is for the State

Government to consider payment of grant-in-aid

and to facilitate granting financial assistance to

the Committee and it is for the Committee to seek

assistance from the State Government in the

absence of there being any statutory provision,

mandamus cannot be issued by this Court for grant

of any financial assistance, grant or salary to the

employees.”

4. Once the Appellate Court has decided that the State
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Government is not liable to make any payment of salary, there is

no question of any direction to be issued by the Writ Court.

5. In that background, the writ petition stands

disposed of having found no merit in the case and in light of the

earlier order passed by the Appellate Court.

(Rajiv Roy, J)
Adnan/-

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