Patna High Court
Hareram Kumar Bhartiya @ Hareram ManjhiversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- KHATIM REZA
Holding
The Court directed the Collector, Jamui to dispose of the petitioner's application within three months, thereby granting the relief sought.
Summary
The petitioner, Hareram Kumar Bhartiya, is the settled owner of 86 decimals of land in Jamui district under Section 14 of the Bihar Bhoodan Yagna Act, 1954, based on a 1978-79 settlement. After his father's death, he has been in peaceful possession and paying rent, but private respondents (Nos. 10‑15) illegally constructed a house on the land in 2005 and have repeatedly attempted to dispossess him. The petitioner filed a writ application seeking a direction to the State authorities to prevent further interference, to enforce the statutory duty under Section 14A of the Bhoodan Act, and to compel the Collector to dispose of his application dated 09‑03‑2026. The Court examined whether the Collector is obligated to act under Section 14A and whether the writ court can issue a preventive direction. It held that the Collector must act and ordered him to dispose of the petitioner's application within three months of receiving the order. Accordingly, the writ application was disposed of with the direction to the Collector.
Issues considered
- Whether the Collector, Jamui is bound by Section 14A of the Bihar Bhoodan Yagna Act, 1954 to act on the petitioner's application for protection and eviction of illegal occupants.
- Whether the High Court can issue a writ directing the State authorities to take preventive action against private respondents interfering with the petitioner's possession.
Subjects
- land settlement
- Bhoodan Yagna Act
- Section 14
- Section 14A
- illegal occupation
- preventive relief
- writ jurisdiction
- possession
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5208 of 2026
======================================================
Hareram Kumar Bhartiya @ Hareram Manjhi Son of Late Shukar Prasad,
Resident of Village- Nijaura, P.S. and Circle- Khaira, District- Jamui.
... ... Petitioner/s
Versus
1. The State of Bihar through Principal Secretary, Department of Revenue and
Land Reforms, Government of Bihar, Patna.
2. The Principal Secretary, Department of Revenue and Land Reforms,
Government of Bihar, Patna.
3. The Divisional Commissioner, Munger Division, Munger.
4. The Collector-cum-District Magistrate, Jamui.
5. The Superintendent of Police, Jamui.
6. the Sub-Divisional Officer, Sadar, District- Jamui.
7. The Deputy Collector, Land Reforms, Sadar, District- Jamui.
8. The Circle Officer, Circle- Khaira, District- Jamui.
9. The Station House Officer, Khaira Police station, District- Jamui.
10. Jitendra Paswan, Son of Tulo Paswan, Resident of Village- Nijaura
(Chaukathiya), P.S. and Circle- Khaira, District- Jamui.
11. Ravindra Paswan, Son of Jitendra Paswan, Resident of Village- Nijaura
(Chaukathiya), P.S. and Circle- Khaira, District- Jamui.
12. Nagina Paswan, Son of Jitendra Paswan, Resident of Village- Nijaura
(Chaukathiya), P.S. and Circle- Khaira, District- Jamui.
13. Puna Paswan, Son of Thanu Paswan, Resident of Village- Nijaura
(Chaukathiya), P.S. and Circle- Khaira, District- Jamui.
14. Vinod Paswan, Son of Puna Paswan, Resident of Village- Nijaura
(Chaukathiya), P.S. and Circle- Khaira, District- Jamui.
15. Chotelal Paswan, Son of Puna Paswan, Resident of Village- Nijaura
(Chaukathiya), P.S. and Circle- Khaira, District- Jamui.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Akshansh Ankit, Adv.
Mr. Rudra Pratap Singh, Adv.
For the State : Mr. Sumant Kumar Singh, AC to GA-2
======================================================
CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
ORAL ORDER
2 23-04-2026 Heard learned counsel for the parties.
2. This writ application has been filed for the
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following reliefs:-
(a). For a direction upon the Respondent
authorities to take preventive action and restrain
unauthorized private persons (Respondent Nos. 10
to 15) from interfering with the settled peaceful
possession of the Petitioner with respect to the
plots of land situate at Mauja-Nijaura, Thana No.
121, Sub-registry and District Jamui bearing
Khata No. 61 and Khesra No. 387 admeasuring
about 20 decimals and Mauja -Badhakhan, Thana
No. 119, Sub-registry and District Jamui bearing
Khata No. 63 and Khesra No. 483 admeasuring
about 66 decimals (total settled land admeasuring
86 decimals under Section 14 of the Bihar
Bhoodan Yagna Act, 1954).
(b) For a direction upon the Respondent
authorities to perform their statutory duty under
Section 14A of the Bihar Bhoodan Yagna Act, 1954
and thwart anti-social activities of Respondent
Nos. 10 to 15 and provide adequate security to the
Petitioner to enjoy peaceful possession and
usufructs of the land belonging to the Petitioner
including construction of boundary wall without
any interference whatsoever, in accordance with
law.
3. Learned counsel for the petitioner submits that the
petitioner is a setlee of the land in question admeasuring total
area 86 decimals in favour of the father of the petitioner in the
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year 1978-79 vide Land Settlement Case No. 22 of 1978-79 by
the competent authority under Section 14 of the Bihar Bhoodan
Yagna Act, 1954. The details of the land are as follows:-
(i) Mauja-Nijaura, Thana No. 121, bearing Khata No.
61 and Khesra Nos. 387 admeasuring about 20 decimals.
(ii) Mauja-Badhakhan, Thana No. 119, bearing Khata
No. 63 and Khesra Nos. 483 admeasuring about 66 decimals.
4. After settlement, the name of the father of the
petitioner was mutated in the revenue records and Jamabandi
No. 185 was created in the favour of the father of the petitioner.
After the death of father of the petitioner, the petitioner has been
regularly paying the rent of the aforesaid land and is coming in
peaceful possession of the said land. Respondent Nos. 10 to 15
having no right, title and interest of the aforesaid land is trying
to dispossess the petitioner from the said land.
5. It is further submitted that in the year 2005,
respondent no. 10 to 15 illegally constructed a pucca house over
both the aforesaid plots. It is submitted that on the application of
the petitioner, a proceeding under Section 107 was initiated
against the private respondent no. 10 and later on, the said
proceeding was dropped, then, respondent nos. 10 to 15 again
created disturbance in the peaceful possession of the petitioner.
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The petitioner was constrained to file an application before the
Circle Officer and Collector of the said District for his forceful
ejectment from the land settled under the Bihar Bhoodan Yagna
Act. It is further submitted that a detailed application has been
field before the Circle Officer., Jamui on 08.02.2026 as well as
before the Collector, Jamui on 09.03.2026 purporting under
Section 14 A of the Bihar Bhoodan Yagna Act, 1954, but then,
the Collector, Jamui has not acted upon the application filed by
the petitioner and, therefore, he has prayed before this Court for
a direction to the Collector, Jamui to dispose of the application
dated 09.03.2026 of the petitioner within reasonable time.
6. Considering the aforesaid facts, the learned
Collector, Jamui is directed to dispose of the application dated
09.03.2026 filed by the petitioner, preferably, within a period of
three months from the receipt/production of a copy of this order.
7. Accordingly, this writ application is disposed of.
(Khatim Reza, J)
prabhat/-
U
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