Patna High Court
Suidhar Sah @ Shivdhar TeliversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
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
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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.
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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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