Created by Fuzzy Cloud

Patna High Court

Dhaleshwar Sharma @ Thaleshwar SharmaversusThe State of Bihar

Decided
Disposal
WITHDRAWN

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maintainable before the High Court; it must be pursued before the Bihar Land Tribunal, and the petition is dismissed as withdrawn.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 The writ application was dismissed as withdrawn, and the time spent before the High Court was ordered to be excluded for limitation purposes.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/-

U


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.