Patna High Court
Joganand RishideoversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SOURENDRA PANDEY
Holding
The petitioners' application was not in the prescribed format; they must re‑apply using Form‑C(ga) and the Circle Officer must register the case upon receipt of a proper application.
Summary
The petitioners, a group of Rishideo family members, filed a writ application seeking relief under Section 48(D) of the Bihar Tenancy Act, 1885, alleging that the Circle Officer, Raniganj, Araria had not registered their application. The Court examined whether the petitioners had complied with the statutory requirement to file the application in the prescribed Form‑C(ga) as mandated by the Act. It found that the submitted application was not in the correct format and therefore could not be processed. Consequently, the Court directed the petitioners to re‑file the application using the proper format and instructed the Circle Officer to register the case promptly upon receipt of a correctly formatted application. The writ application was disposed of with these directions.
Issues considered
- Whether the petitioners complied with the procedural requirement of filing the application in the prescribed Form‑C(ga) under Section 48(D) of the Bihar Tenancy Act, 1885.
Legislation cited
- Bihar Tenancy Act, 1885 — s. 48(D)
Subjects
- Bihar Tenancy Act
- Section 48(D)
- procedural compliance
- land reforms
- Circle Officer
- application format
- writ jurisdiction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7245 of 2026
======================================================
1. Joganand Rishideo, Son of Late Ramji Musahar @ Ramji Rishideo,
Resident of Village- Bistoriya, P.O., Ward No.- 17, P.S.- Raniganj, District -
Araria, Pin Code - 854334.
2. Sanjay Rishideo, Son of Late Rajendra Rishideo, Resident of Village-
Bistoriya, P.O., Ward No.- 17, P.S.- Raniganj, District - Araria, Pin Code -
854334.
3. Vijay Kumar @ Vijay Rishideo, Son of Late Rajendra Rishideo, Resident of
Village- Bistoriya, P.O., Ward No.- 17, P.S.- Raniganj, District - Araria, Pin
Code - 854334.
4. Balkrishna Rishideo, Son of Late Rajendra Rishideo, Resident of Village-
Bistoriya, P.O., Ward No.- 17, P.S.- Raniganj, District - Araria, Pin Code -
854334.
5. Santosh Rishideo, Son of Late Rajendra Rishideo, Resident of Village-
Bistoriya, P.O., Ward No.- 17, P.S.- Raniganj, District - Araria, Pin Code -
854334.
6. Ajay Kumar @ Ajay Rishideo, Son of Late Rajendra Rishideo, Resident of
Village- Bistoriya, P.O., Ward No.- 17, P.S.- Raniganj, District - Araria, Pin
Code - 854334.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Govt. of Bihar, Old
Secretariat, Patna.
2. The Additional Chief Secretary -cum-Principal Secretary, Revenue and Land
Reforms Department, Govt. of Bihar, Old Secretariat, Patna, Bihar.
3. The District Collector, Araria.
4. The Additional District Collector, Araria.
5. The Sub Divisional Officer, Araria, District - Araria.
6. The Circle Officer, Raniganj, Araria.
7. Rupesh Thakur, S/o Late Devendra Thakur, resident of Village - Purana Hat
Raniganj, P.O. Raniganj, P.S. Raniganj, District - Araria (Bihar).
8. Ritesh Thakur, S/o Late Devendra Thakur, resident of Village - Purana Hat
Raniganj, P.O. Raniganj, P.S. Raniganj, District - Araria (Bihar).
9. Chandan Thakur, S/o Late Devendra Thakur, resident of Village - Purana
Hat Raniganj, P.O. Raniganj, P.S. Raniganj, District - Araria (Bihar).
10. Manish Thkaur, S/o Late Deshraj Thakur, resident of Village - Purana Hat
Raniganj, P.O. Raniganj, P.S. Raniganj, District - Araria (Bihar).
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Manish, Advocate
For the Respondent/s : Mr. AC to SC- 25
Patna High Court CWJC No.7245 of 2026(2) dt.23-06-2026
2/3
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
2 23-06-2026 Heard the learned counsel for the parties.
2. The short prayer in the present writ application by
the petitioners is that their application under Section 48(D) of
the Bihar Tenancy Act, 1885 (for brevity, the Act) is not being
accepted by the Circle Officer, Raniganj, Araria. It has been
submitted that the petitioners had been writing to the Circle
Officer, Raniganj, Araria, however, the case has not been
registered and no action has been taken by the Circle Officer,
Raniganj, Araria.
3. The learned AC to SC-25 submits that from perusal
of the application as contained in Annexure-P-2(series), it would
be evident that the same is not in the correct format as there is a
format provided under the Act as Form-C(ga), in which the
petitioners have to apply to the Circle Officer and thereafter the
case shall be registered.
4. The present writ application is disposed of with a
direction to the petitioners to approach the Circle Officer,
Raniganj, Araria by filing an appropriate application under the
prescribed format under Section 48(D) of the Act.
5. The Circle Officer, Raniganj, Araria is further
directed to register the case if the same is received in a proper
Patna High Court CWJC No.7245 of 2026(2) dt.23-06-2026
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format and initiate the proceedings at the earliest.
6. The writ application stands disposed of with the
aforesaid directions.
(Sourendra Pandey, J)
sweta/-
U
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