Patna High Court
Pawan DeviversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The writ petition is disposed of as the proceeding stands abated under section 16(3) of the Bihar Land Ceiling Act.
Summary
Petitioner Pawan Devi filed a writ petition seeking the quashing of several orders relating to land ceiling matters, including a Bihar Land Tribunal order (22‑12‑2023), a Divisional Commissioner order (23‑09‑2021), a Collector order (12‑12‑2017), and a direction to execute a sale‑deed (04‑06‑2022). The petitioner also sought the return of any deposited amount. The High Court observed that the dispute falls under a per‑emption matter governed by the Gazette notification of 25‑02‑2019 under section 16(3) of the Bihar Land Ceiling Act, rendering the proceedings abated. Consequently, the Court ordered that the petition be disposed of and any deposited amount be returned to the petitioner. The reliefs sought for quashing the orders were therefore denied.
Issues considered
- Whether the orders dated 22‑12‑2023, 23‑09‑2021, 12‑12‑2017 and the direction dated 04‑06‑2022 can be quashed by the High Court.
- Whether the proceeding is barred by the per‑emption provision under section 16(3) of the Bihar Land Ceiling Act as per the Gazette notification of 25‑02‑2019.
Subjects
- land ceiling
- per‑emption
- Bihar Land Ceiling Act
- writ petition
- quashing order
- abated proceeding
- sale deed
- land reform
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5641 of 2024
======================================================
Pawan Devi Wife of Abhinandan Yadav, Resident of Mohalla - Malhani, Ward
No. 7, P.S. - Supaul, District - Supaul.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of Land
Reforms, Government of Bihar, Patna.
2. The Commissioner, Saharsa Pramandal, Saharsa.
3. The Collector, Collectoriate, Supaul.
4. The Deputy Collector, Land Reforms, Supaul.
5. Asharfi Chaudhary, Son of Late Ramphal Chaudhary, Resident of Village-
Kharel Tola Tunnihak, P.S. and District - Supaul.
6. Sri Arvind Kumar Das, Son of Late Awadhpati Das, Resident of Supaul
Nagar Parishad, Ward No. 24, P.S. and District- Supaul.
7. Smt. Sanju Devi, Wife of Babloo Chaudhary, resident of Village - Kharel
Tola, P.S. and District - Supaul.
8. Gitanjali Devi, Wife of Ajit Kumar Sinha, resident of Village - Kharel Tola,
P.S. and District - Supaul.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ratan Kumar, Advocate
For the State : Mr. Sanjeet Kumar Singh, AC to AAG-06
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 18-04-2026 The delay in filing the writ petition is condoned.
2. Heard the parties.
3. The present petition has been preferred for the
following relief/s:
(i) for quashing the order dated 22.12.2023
passed in B.LT. Case No. 671 of 2022
(Pawan Devi Vs. The State of Bihar & Ore)
passed by the Hon'ble Chairman, Bihar
Patna High Court CWJC No.5641 of 2024(2) dt.18-04-2026
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Land Tribunal, Patna, whereby and
whereunder the claim of the petitioner has
been dismissed as awaited;
(ii) for quashing the order dated 23.09.2021
passed by the Divisional Commissioner,
Saharsa in Area Ceiling Appeal No.
55/2008, whereby and whereunder the
Appeal of the petitioner has been dismissed
by saying not maintainable;
(iii) for quashing the order dated 12.12.2017
passed by the Collector, Supaul on the Land
Ceiling Appeal No. 38/2012, whereby and
whereunder the Collector, Supaul has set
aside the order dated 04.06.2012 passed in
Land Ceiling Case No. 15/2011-12;
(iv) for direction to the Respondent
Authorities to execute a sale-deed in
compliance of the order dated 04.06.2022
passed by the D.C.L.R., Supaul in
connection with Land Ceiling Case No.
15/2011-12;
(v) to pass any such other order or orders as
Patna High Court CWJC No.5641 of 2024(2) dt.18-04-2026
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Your Lordships may deem fit and proper in
the facts and circumstances of the case;
4. Since the case relates to per-emption matter in
view of the gazette notification dated 25.02.2019 in section
16(3) of the Bihar Land Ceiling Act, the proceeding already
stands abated.
5. The amount that the petitioner may have deposited
has to be returned.
6. With the aforesaid observation, the writ petition is
disposed of.
(Rajiv Roy, J)
Ravi/-
U
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