Patna High Court
Dhaleshwar Sharma @ Thaleshwar SharmaversusThe State of Bihar
- Decided
- Disposal
- WITHDRAWN
- Bench
- KHATIM REZA
Holding
The writ petition is not maintainable before the High Court; it must be pursued before the Bihar Land Tribunal, and the petition is dismissed as withdrawn.
Summary
The petitioners, Dhaleshwar Sharma and others, filed a writ petition in the Patna High Court seeking to quash an order dated 27‑01‑2026 passed by the Collector, Purnea, in a Basgit Parcha revision case, and to set aside a Basgit Parcha issued in favour of other respondents, claiming protection of their residential possession over specific land parcels. The petition also asked the Court to direct the respondents to prevent disposal of the land to private parties. The Court observed that the petition was filed directly before the High Court without first invoking the remedial provision of Section 9 of the Bihar Land Tribunal Act, 2009, which is the appropriate forum for such land‑reform disputes. Accordingly, the petitioners were permitted to withdraw the writ and approach the newly constituted Bihar Land Tribunal within four weeks. The writ application was dismissed as withdrawn, and the time spent before the High Court was ordered to be excluded for limitation purposes.
Issues considered
- Whether the writ petition challenging the Collector’s order is maintainable before the High Court without first availing the remedy under Section 9 of the Bihar Land Tribunal Act, 2009.
Legislation cited
Subjects
- writ jurisdiction
- land reform
- Basgit Parcha
- section 9
- Bihar Land Tribunal
- quashing order
- limitation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.6490 of 2026
======================================================
1. Dhaleshwar Sharma @ Thaleshwar Sharma, Son of Late Baudhi Sharma,
Resident of Village- Dhima, Ward No.- 13, P.S.-Banmankhi, District-
Purnea.
2. Gurudeo Sharma, Son of Late Bandhi Sharma, Resident of Village- Dhima,
Ward No.- 13, P.S.-Banmankhi, District- Purnea.
... ... Petitioner/s
Versus
1. The State of Bihar through the Addl. Chief Secretary, Revenue and Land
Reforms Department, Govt. of Bihar, Patna.
2. The Collector, Purnea.
3. The Addl. Collector, Purnea.
4. The Deputy Collector, Land Reforms, Banmankhi, Purnea.
5. The Circle Officer, Banmankhi, District- Purnea.
6. Yogendra Tatma, S/o Late Birohi Tatma, Resident of Village- Dhima, Ward
No.- 13, P.S.- Banmankhi, District- Purnea.
7. Manoj Sharma, S/o Late Bindeshwary Tatma, Resident of Village- Dhima,
Ward No.- 13, P.S.- Banmankhi, District- Purnea.
8. Ramdeo Sharma @ Rampu Sharma, S/o Late Bindeshwary Tatma, Resident
of Village- Dhima, Ward No.- 13, P.S.- Banmankhi, District- Purnea.
9. Pintu Sharma, S/o Late Bindeshwary Tatma Resident of Village- Dhima,
Ward No.- 13, P.S.- Banmankhi, District- Purnea.
10. Sintu Sharma, S/o Late Bindeshwary Tatma Resident of Village- Dhima,
Ward No.- 13, P.S.- Banmankhi, District- Purnea.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bhola Prasad, Adv.
For the State : Mr. Gyan Prakash Jha, GA 7
======================================================
CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
ORAL ORDER
2 12-05-2026 Heard learned counsel for the parties.
2. This writ application has been preferred for grant of
following reliefs:-
(i) For quashing the order dated 27.01.2026
passed by the learned Collector, Purnea in
Patna High Court CWJC No.6490 of 2026(2) dt.12-05-2026
2/3
Basgit Parcha Revision Case No. 128/2022
whereby the revision preferred by the
petitioners has been dismissed on the ground
that Basgit Parcha was issued prior to
amendment in the BPPHT Act as such the
learned Collector cannot pass any order.
(ii) For quashing the Basgit Parcha issued in
favour of Bindeshwari Tatma and Yogendra
Tatma in Basgit Parcha Case No. 5/78-79
whereby 6 decimal land of Plot No. 2198 (3
decimal) and 2199 (3 decimal0 appertaining
to Khata No. 725/3 situated in Mouza-
Banmankhi Anchal Banmankhi District-
Purnea.
(iii) For a direction to the respondents authority
to protect the residential possession of the
petitioner over the land of Plot No. 2198 and
2199 so that they may not be disposed at the
land of private respondent.
3. It is apparent from the record that this writ
application has been filed against the order dated 27.01.2026
passed by the learned Collector, Purnea in Basgit Parcha
Revision Case No. 128 of 2022 (Annexure- P/6) directly before
this Court without availing Section 9 of the Bihar Land Tribunal
Act, 2009. The appropriate remedy would lie before the Bihar
Land Tribunal, Bihar, which is now functional vide notification
dated 29.04.2026.
4. Having regard to the aforesaid, learned counsel for
the petitioners seeks permission to withdraw this application
with liberty to move the Bihar Land Tribunal, Patna within a
Patna High Court CWJC No.6490 of 2026(2) dt.12-05-2026
3/3
period of four weeks against the impugned order dated
27.01.2026 passed by the learned Collector, Purnea in Basgit
Parcha Revision Case No. 128 of 2022, and also prays for to
condone the period consumed before this Court.
5. Accordingly, this writ application is dismissed as
withdrawn with liberty as aforesaid.
6. It is further directed that the period consumed in
present case before this Court, shall be excluded while
computing the limitation.
7. Let the office return the original writ application
along with its annexures to learned counsel for the petitioner
after retaining xerox copy of the same within a period of two
week.
8. Learned counsel for the petitioner shall produce
xerox copy of the original petition along with the annexures to
be retained in the record of the case.
(Khatim Reza, J)
premchand/-
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