Patna High Court
Sudhir Kumar DasversusThe State Of Bihar and Ors
- Decided
- Disposal
- WITHDRAWN
- Bench
- RAJIV ROY
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The petition was withdrawn and dismissed as withdrawn, with no substantive determination on the merits.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 The petition was later withdrawn by the petitioners’ counsel. Consequently, the court dismissed the writ petition and the interlocutory application as withdrawn.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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