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Patna High Court

Sudhir Kumar DasversusThe State Of Bihar and Ors

Decided
Disposal
WITHDRAWN

Holding

The petition was withdrawn and dismissed as withdrawn, with no substantive determination on the merits.

Summary

The petitioners, sons of the late Brojendra Mohan Das, are raiyat holding possession of Bihar Government land. They challenged an order dated 26‑06‑2014 (or 26‑06‑2013) passed by the Deputy Collector, Land Reforms, Kishanganj, which fixed rent on their land without giving them an opportunity to be heard, allegedly violating the Bihar Land Reforms Act, 1950 and the Public Land Encroachment Act, 1956. They sought a writ of certiorari to quash the order and a writ of mandamus directing the respondents not to give effect to the rent‑fixation order and to grant approval on the Circle Officer’s proposal on principles of equity and non‑discrimination. The petition was later withdrawn by the petitioners’ counsel. Consequently, the court dismissed the writ petition and the interlocutory application as withdrawn.

Issues considered

  • Whether the Deputy Collector’s order fixing rent without a hearing violates the principles of natural justice under the Bihar Land Reforms Act, 1950 and the Public Land Encroachment Act, 1956.
  • Whether a writ of certiorari and mandamus is the appropriate remedy to set aside the rent‑fixation order.

Legislation cited

Subjects

  • writ petition
  • certiorari
  • mandamus
  • rent fixation
  • land reforms
  • natural justice
  • Bihar
  • encroachment
  • equity
  • discrimination

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.5967 of 2015
                 ======================================================
           1.     Sudhir Kumar Das
           2.    Adhir Kumar Das
           3.    Nishir Kumar Das All Sons of Late Brojendra Mohan Das, Resident of
                 Village- Rupani, P.S. Bahadurganj, District- Kishanganj.

                                                                                 ... ... Petitioner/s
                                                        Versus
           1.    The State Of Bihar
           2.    The Principal Secretary, Department of Revenue and Land Reforms, Govt.
                 of Bihar, Patna.
           3.    The District magistrate, Kishanganj.
           4.    The Deputy Collector, Land Reforms, Kishanganj.
           5.    The Circle Officer, Bahadurganj, District- Kishanganj.
           6.    The Circle Inspector, Bahadurganj, District- Kishanganj.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Ranjit Kumar, Advocate
                 For the Respondent/s     :        Mr.Gp12
                 For the Int/respondent   :        Mr. Bajarangi Lal, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

3   05-01-2026                   Heard the parties.

                                2. The present petition has been preferred for the

                   following relief/s:

                                              (i) for issuance of a writ in the nature of

                                              certiorari   to    quash     the   order      dated

                                              26.06.2014 passed by the Deputy Collector,

                                              Land Reforms, Kishanganj whereby on the

                                              proposal and the           recommendation for

                                              fixation of rent vide Rent Fixation of 2012-
Patna High Court CWJC No.5967 of 2015(3) dt.05-01-2026
                                            2/3




                                  13 Case No.05 without assigning any reason

                                  and without giving any opportunity to defend

                                  the       case          instead    of      granting

                                  approval/sanction for fixation of rent on the

                                  proposal and recommendation order has

                                  been passed since petitioners (raiyat) are

                                  Gasban possession holder on the land of

                                  Bihar Government so under Bihar Land

                                  Reforms          Act,        1950/Public      Land

                                  Encroachment Act, 1956 encroachment case

                                  be initiated by the Circle Officer and for

                                  issuance of a consequential writ in the

                                  nature      of     mandamus       directing    and

                                  commanding the respondents to not give

                                  effect to passed by the Deputy Collector, the

                                  order dated 26.06.2013 Land Reforms,

                                  Kishanganj in Rent Fixation Case No.05 of

                                  2012-13 and to grant sanction/approval on

                                  the proposal/recommendation of the Circle

                                  Officer for fixation of rent vide Rent Fixation

                                  Case No.05 of 2012-13 giving same and

                                  similar treatment on the basis of principle of
         Patna High Court CWJC No.5967 of 2015(3) dt.05-01-2026
                                                     3/3




                                           equity and discrimination as has been done

                                           in the non-case of others similarly situated

                                           persons         and/or   for   issuance   of   a

                                           writ/order/direction for which the petitioners

                                           may be found legally entitled to under the

                                           facts and circumstances stated here-in-

                                           under.

                                 3. Mr. Ranjit Kumar, learned counsel for the

                   petitioners prays for withdrawal of the petition and as such the

                   writ petition as also the Interlocutory Application stand

                   dismissed as withdrawn.



                                                 (Rajiv Roy, J)
Ravi/-

U


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