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Patna High Court

Mohan Yadav and OrsversusThe State Of Bihar and Ors

Decided
Disposal
DISPOSED

Holding

The Tribunal’s order is set aside as it was passed without proper consideration of the facts, and the matter is remanded to the Collector to accept the cost and decide the appeal on merits.

Summary

The petitioners, a group of Yadavs, filed a writ petition challenging three orders: the Bihar Land Tribunal’s confirmation of lower‑court orders, the Collector’s dismissal of a revenue appeal under Section 48F of the Bihar Tenancy Act, and the Land Reforms Deputy Collector’s declaration of respondent 5 as an under‑raiyat with a restraining order. They argued that the Collector had restored the appeal only on condition of a Rs 500 cost, but the case was not numbered, preventing payment; they obtained a direction from the Tribunal to number the case and accept the cost. The Tribunal later, on 29‑Nov‑2016, held there was no illegality and upheld the lower‑court orders, which the petitioners contended was decided without proper consideration of the facts. The High Court found the Tribunal’s order unsustainable, set it aside, and remanded the matter to the Collector to accept the cost and decide the appeal on its merits within six months. The parties were directed to appear before the Collector on 6‑Apr‑2026 and the writ petition was disposed.

Issues considered

  • Whether the order of the Bihar Land Tribunal dated 29‑Nov‑2016 is legally sustainable despite alleged failure to consider the petitioners’ factual submissions.
  • Whether the Collector can be directed to accept the cost of Rs 500 and proceed with Revenue Appeal No. 104 of 2012 on its merits.

Legislation cited

Subjects

  • writ jurisdiction
  • Bihar Land Tribunal
  • Bihar Tenancy Act
  • cost of appeal
  • restoration of appeal
  • under raiyat
  • procedural irregularity
  • remand

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Civil Writ Jurisdiction Case No.5654 of 2017
                 ======================================================
           1.     Mohan Yadav
           2.    Krityanand Yadav @ Kritnarayan Yadav,
           3.    Kadam Lal Yadav, All sons of Late Jageshwar Yadav,
           4.    Dinesh Yadav,
           5.    Arbind Yadav, Both sons of Bokai Yadav,
           6.    Bhim Yadav, Son of Late Nand Lal Yadav, All residents of Village-
                 Ramnagar Farsahi, P.S.- Banmankhi, District- Purnea.

                                                                           ... ... Petitioner/s
                                                   Versus
           1.    The State of Bihar
           2.    Member Administrative, Bihar Land Tribunal, Patna.
           3.    The Collector, Purnea.
           4.    The Land Reforms Deputy Collector, Purnea.
           5.    Sone Lal Yadav, Son of Late Tanuk Lal Yadav, resident of Village-
                 Ramnagar Farsahi, P.O.- Harpathe, P.S.- Banmankhi, District- Purnea.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :    Mr. Chandra Kant, Advocate
                                              Mr. Subhash Kumar Tiwari, Advocate
                                              Mr. Navin Kumar, Advocate
                                              Ms. Karnika, Advocate
                 For the respondent no.5 :    Mr. Shyam Sundar Pandey, Advocate
                 For the State           :    Mr. Sajid Salim Khan, SC-25
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
                                       ORAL ORDER

3   10-03-2026                   Heard learned counsel for the petitioner, learned

                   counsel for respondent no. 5 and learned counsel for the State.

                                 2. The present writ application has been filed for the

                   following reliefs:-

                                             “(i) Order dated 29.11.2016 passed by
                                    the learned Member, Administrative, Bihar Land
                                    Tribunal, Patna in B.L.T. Case No.130 of 2016
Patna High Court CWJC No.5654 of 2017(3) dt.10-03-2026
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                          (annexure-12), whereby and where under he has
                          held that there is no illegality in the impugned
                          orders passed by the lower court and has
                          consequently confirmed the same and rejected the
                          claim of the petitioners.

                                      (ii) Order dated 5.8.2014, passed by the
                          learned Collector, Purnea U/S 48 F of the Bihar
                          Tenancy Act in R. A. Case No.104/12 (Annexure-8),
                          whereby and where under he has been pleased to
                          dismiss the appeal for default.

                                      (iii) Order dated 5.5.12, passed by the
                          Land Reforms Deputy Collector, Banmankhi in
                          Case No.49/07-08 U/S 48 E(10) of the Bihar
                          Tenancy Act (Annexure-7), whereby and where
                          under he has been pleased to declare Respondent
                          No.5 Sonelal Yadav as an under raiyat of the land
                          in dispute and has restrained the petitioners from
                          going over the said land.”

                      3.Learned counsel for the petitioners submits that the

          petitioners had filed a Miscellaneous petition for restoration of

          Revenue Appeal Case No. 104 of 2012 to its original file and

          number before the learned Collector, Purnea (respondent no.

          3), who restored the said appeal subject to payment of a cost of

          Rs. 500/- (five hundred). It is further submitted that the

          petitioners tried to deposit the said amount of cost; however,

          since the Miscellaneous Case of 2014 filed for restoration of the
Patna High Court CWJC No.5654 of 2017(3) dt.10-03-2026
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          aforesaid appeal had not been numbered, the petitioners were

          unable to deposit the said cost and also filed a Miscellaenous

          case on 21.5.2015 for allowing the petitioners      to deposit the

          cost of Rs. 500/- in specific head. It is next submitted that, in

          the aforesaid circumstances, the petitioners approached the

          Bihar Land Tribunal, Patna for a direction to respondent no. 3

          to number the said Miscellaneous Case of 2014 and accept the

          cost of Rs. 500/-, which was allowed by order dated 19.08.2014.

                       4. On perusal of the impugned order dated 29.11.2016

          passed by the Bihar Land Tribunal, Patna in BLT Case No. 130

          of 2016, as contained in Annexure-12 to the writ petition, it

          appears that the matter has been decided on merit without

          proper consideration of the aforesaid facts and without

          recording any cogent finding in that regard.

                       5. Having regard to the aforesaid facts and

          circumstances, the impugned order dated 29.11.2016 passed by

          the Bihar Land Tribunal, Patna (respondent no. 2) in BLT Case

          No. 130 of 2016 cannot be sustained in law and is accordingly

          set aside.

                       6. Accordingly, the matter is remanded to the learned

          Collector, Purnea ( respondent no. 3), who shall accept the cost

          of Rs. 500/- (five hundred) as directed earlier vide order dated
           Patna High Court CWJC No.5654 of 2017(3) dt.10-03-2026
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                     19.08.2014 and thereafter proceed to decide Revenue Appeal

                     No. 104 of 2012 on its own merits, after giving due notice and

                     opportunity of hearing to the parties. The entire exercise shall

                     be completed within a period of six months from the date of

                     receipt/production of a copy of this order.

                                 7. The parties are directed to appear before respondent

                     no. 3 on 06.04.2026 along with a certified copy of this order.

                                 8. With the aforesaid observations and directions, the

                     writ application stands disposed of.


                                                 (Khatim Reza, J)
shyambihari/-

U


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