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Patna High Court

Suidhar Sah @ Shivdhar TeliversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

In the absence of documentary evidence, the petition cannot be entertained and is therefore dismissed.

Summary

The petitioner, Suidhar Sah, claimed that a 1977 Bhoodan certificate (praman patra No.764) granted him 14 decimal of land in Gopalganj, Bihar, and that he has enjoyed peaceful possession for decades. He alleged that the respondent, Prabhu Tiwary, was later allotted 10 decimal of the same land by the Bihar Bhoodan Yagya Committee, thereby reducing the petitioner’s entitlement without any legal procedure. The petitioner sought a writ directing the authorities to restore his full 14‑decimal title, to declare the reduction illegal, and to invalidate any other certificate issued to the respondent under Section 21 of the Bihar Bhoodan Act. The court noted that the petition lacked any annexures or documentary evidence to substantiate the claims and that the petitioner, being indigent, could not produce the necessary records. Consequently, the court directed the Bhoodan Committee to clarify the matter but ultimately disposed of the writ petition due to the absence of supporting documents. The order effectively left the petitioner’s relief claims ungranted.

Issues considered

  • Is the original Bhoodan praman patra No.764 granting 14 decimal of land to the petitioner valid and in force?
  • Was the reduction of the allotted land from 14 decimal to 4 decimal without following statutory procedure arbitrary and illegal?
  • Does any subsequent praman patra issued to the respondent under Section 21 of the Bihar Bhoodan Act invalidate the petitioner’s title?
  • Is the petitioner entitled to a writ directing restoration of his full land entitlement?

Subjects

  • Bhoodan
  • Land rights
  • Writ petition
  • Restoration of title
  • Illegal reduction of land
  • Section 21 Bihar Bhoodan Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.7389 of 2025
                 ======================================================
                 Suidhar Sah @ Shivdhar Teli Son of Late Darshan Sah @ Darshan Teli,
                 Resident of Bussepur, Chak Dharmnath, Husepur, Gopalganj, Bihar.

                                                                          ... ... Petitioner/s
                                                 Versus
           1.    The State of Bihar through the Additional Chief Secretary, Department of
                 Revenue and Land Reforms, Government of Bihar.
           2.    The Additional Chief Secretary, Department of Revenue and Land Reforms,
                 Government of Bihar.
           3.    The Collector, Katihar, District- Gopalganj.
           4.    The Sub Divisional Officer, District- Gopalganj.
           5.    The Deputy Collector, Land Reforms, District- Gopalganj.
           6.    The Circle Officer, (Anchal Adhikari) Bhore, District- Gopalganj.
           7.    The Bihar Bhoodan Yagya Committee (Dissolved), through the Secretary,
                 Board of Revenue, Bihar.
           8.    The Secretary, Board of Revenue, Bihar, Patna.
           9.    Prabhu Tiwary S/o Bachan Tiwary, Resident of Bussepur Chak Dharmnath,
                 Husepur Dist. Gopalganj.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :        Ms. Alka Verma, Adv.
                                                 Mrs. Manju Kumari, Adv.
                                                 Ms. Akanksha Kumari, Adv.
                                                 Mr. Pawan Kumar, Adv.
                 For the Respondent/s   :        Mrs. Puspanjali Sharma, AC to SC 20
                 For resp. no. 7        :        Mr. Rajni Kant Singh, Adv.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   24-03-2026                    Heard the parties.

                                 2. The present application has been preferred for the

                   following relief(s):

                                                       (i) For issuance of appropriate
                                            writ / order / direction commanding the
                                            respondent authorities for restoring and
                                            declaring the praman patra no. 764 dt
Patna High Court CWJC No.7389 of 2025(2) dt.24-03-2026
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                                 13.1.67 issued to the petitioner for total 14
                                 decimil land by Bihar bhoodan yagya
                                 committee to be valid and in force.
                                              ii. Issuance of appropriate writ
                                 holding the reduction of allotted bhoodan
                                 land vide valid bhoodan praman patra from
                                 14 decimal to four decimal without following
                                 any procedure in arbitrary manner to b bad
                                 and illegal.
                                              iii. For issuance of appropriate
                                 writ / order / direction commanding the
                                 respondent authorities to declare any other
                                 praman patra issued to private respondent
                                 by carving out a share of bhoodan land
                                 allotted to petitioner via valid bhoodan
                                 praman patra no 764 without proper
                                 proceedings under section 21 Bihar bhoodan
                                 act to be bad.
                                              iv. For any other relief or reliefs
                                 which the honble court deems fit in the facts
                                 and circumstances of the case
                      3.     The petitioner claims to have been granted/

          donated a piece of land by the respondent, Bhoodan Yagna

          Committee and the details are as follows:

                                               Khata no. 54;
                                               Khesra No. - 157;
                                               Thana No. 359;
                                               area- 14 decimal in the district of
                                  Gopalgang in the year 1977.
Patna High Court CWJC No.7389 of 2025(2) dt.24-03-2026
                                            3/4




                      4. The submission is that he is having peaceful

          possession of the land for several decades but now respondent

          no. 9 has also laid claim on 10 decimal of land stating that the

          Bhoodan Yagna Committee has donated him the said land.

                      5. This writ petition is bereft of any Annexure which

          could support the case of the petitioner.

                      6. Learned counsel for the petitioner submits that he is

          a poor man, unable to put forward all the documents but the

          Bhoodan Yagna Committee being the custodian of records, they

          can very well throw light in the matter. The submission is that,

          he is ready to approach ‘the Committee’ who must come to his

          aid as after donating him the land (14 decimal) in the year 1977,

          ‘the Committee’ cannot carve out 10 decimal of land for Prabhu

          Tiwary (respondent no. 9).

                      7. Bhoodan Yagna Committee is represented, as

          recorded above and this Court would expect the Bhoodan Yagna

          Committee to clarify the entire matter on the point:

                                      (i) whether the petitioner/his family
                          members were granted/donated the land (14
                          decimal) as claimed by him or not;
                                      (ii) in case, it has been granted, whether
                          for the same land, respondent no. 9 has also been
                          donated 10 decimal;
                                      (iii) if the answer to both the questions
           Patna High Court CWJC No.7389 of 2025(2) dt.24-03-2026
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                                     is/are in affirmative, the Committee has to take a
                                     decision to shift the respondent no. 9 to any other
                                     place and certainly, cannot disturb the peaceful
                                     physical possession of the petitioner herein.
                                 8. The petitioner will be filing a representation in next

                     eight weeks and the Committee shall be deciding the matter

                     three months thereafter.

                                 9. The writ petition is disposed of with aforesaid

                     observation.



                                                   (Rajiv Roy, J)
Vijay Singh/-

U


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