Patna High Court
Babita DeviversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RANA VIKRAM SINGH
Holding
The writ petition is disposed, directing the petitioners to approach the Bihar Land Tribunal for adjudication of the land dispute.
Summary
The petitioners, three women who had purchased a parcel of land in Munger district, sought a writ of mandamus from the Patna High Court to restrain respondent No.5, Napali Mahto, from disturbing their possession after he lost a mutation case. They approached the High Court directly instead of filing a petition before the Bihar Land Tribunal, the statutory forum for land disputes. The State counsel raised a preliminary objection that an alternative remedy under the Bihar Land Tribunal Act, 2009 was available, and cited Section 15 which empowers the High Court to remit such disputes to the Tribunal. The Court held that the writ petition could not be entertained and directed the petitioners to file a fresh application before the Tribunal within six weeks. It further noted that any limitation issue would be considered in view of the petitioners' earlier proceedings under Article 226, and disposed of the writ petition accordingly.
Issues considered
- Whether the High Court can entertain a writ petition under Article 226 when a statutory alternative remedy under the Bihar Land Tribunal Act, 2009 is available.
- Whether the petition should be remitted to the Bihar Land Tribunal pursuant to Section 15 of the Bihar Land Tribunal Act, 2009.
Legislation cited
- Bihar Land Tribunal Act, 2009 — s. 15, 9
Subjects
- writ jurisdiction
- alternative remedy
- mandamus
- land dispute
- Bihar Land Tribunal Act
- Section 15
- limitation
- mutation
- possession
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7591 of 2026
======================================================
1. Babita Devi Wife of Ashok Kumar alias Ashok Mahto Resident of Village-
Hemjapur, Post Office- Shivkund, Police Station- Dharhara, District-
Munger.
2. Ranjana Devi alias Ranjana Kumari, Wife of Pradeep Mahto alias Pradip
Kumar Resident of Village- Hemjapur, Post Office- Shivkund, Police
Station- Dharhara, District- Munger.
3. Pinku Devi alias Sarita Kumari, Wife of Pankaj Mahto alias Pankaj Kumar
Resident of Village- Hemjapur, Post Office- Shivkund, Police Station-
Dharhara, District- Munger.
... ... Petitioner/s
Versus
1. The State of Bihar through Collector, Munger.
2. The Additional Collector, Munger.
3. The Deputy Collector Land Reforms, Sadar, Munger.
4. The Anchal Adhikari, Dharhara, District- Munger.
5. Napali Mahto, Son of Late Biro Mahto, Resident of Village- Hemjapur, Post
Office- Shivkund, Police Station- Dharhara, District- Munger.
6. Mostt. Sundari Devi, Wife of Late Fekan Mahto, Resident of Village-
Hemjapur, Post Office- Shivkund, Police Station- Dharhara, District-
Munger
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Surya Narayan Sah, Advocate
For the Respondent/s : Mr. Additional Advocate General (13)
======================================================
CORAM: HONOURABLE MR. JUSTICE RANA VIKRAM SINGH
ORAL ORDER
2 23-06-2026 Heard learned counsel for the parties.
2. The petitioner instead of approaching the statutory
body i.e. the Bihar Land Tribunal, directly approached this
Hon’ble Court for the reliefs as prayed for in paragraph no. 1 of
the writ petition:-
“(i) To give order/orders, direction/
directions commanding the
Patna High Court CWJC No.7591 of 2026(2) dt.23-06-2026
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respondents especially Respondent
No. 05, namely Napali Mahto to not
disturb the possession of the
petitioners by issuing a writ in the
nature of Mandamus.
(ii) To give order/orders,
direction/ directions commanding the
respondents to not dispossess the
possession of the petitioners who have
been coming in peaceful possession of
the land in question after purchasing
the land in question and Respondent
No. has lost his Mutation Case before
the Deputy Collector Land Reforms,
Munger and wants to take possession
by forcibly by issuing a writ in the
nature of Mandamus.
(iii) To issue any other writ,
order or direction in which petitioners
are entitled to get their relief/reliefs
under the facts and circumstances of
the case.”
3. At this stage, learned counsel for the State raises
preliminary objection to the effect that statutory alternative
remedy is available to the petitioner. He submits that during
pendency of the writ petition, Bihar Land Tribunal has become
functional and proviso to Section 15 of the Bihar Land Tribunal
Act, 2009 which reads as “Provided further that it shall be open
to the High Court of Judicature at Patna to remit the dispute
pending adjudication in any writ proceeding before it for
adjudication by the Tribunal”.
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3/5
4. Section 15 of the Act of 2009 stipulates that all
cases connected with the Acts/Manuals dealt with under Section
9 of this Act and pending in the High Court of Judicature at
Patna, but excluding writ petitions filed under Articles 226 and
227 of the Constitution of India and cases pending with the
State Government, immediately before the commencement of
this Act, as could have been within the jurisdiction of such
Tribunal, and cases arsing after the commencement of this Act,
as would have been within the jurisdiction of such Tribunal,
shall stand transferred to the Tribunal with effect from the said
date of commencement.
5. Section 9 of the Bihar Land Tribunal Act, 2009
delineate the power of the Bihar Land Tribunal to entertain
applications related to the Acts as mentioned hereunder:-
“(i) The Bihar Land Reforms
(Fixation of Ceiling Area and
Acquisition of Surplus Land) Act,
1961
(ii) The Bihar Land Reforms Act, 1950
(iii) The Bihar Tenancy Act, 1885
(iv) The Bihar Consolidation of
Holdings and Prevention of
Fragmentation Act, 1956
(v) [xxx]
(vi) The Bihar Bhoodan Yagna Act,
1954
(vii) The Bihar Privileged Persons
Homestead Tenancy Act, 1947
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(viii) The Bihar Government Estates
Manual, 1953
(ix) The Bihar Settlement Manual
2[(x) Bihar Land Disputes Resolution
Act, 2009
(xi) Bihar Special Survey and
Settlement Act, 2011
(xii) Bihar Land Mutation Act, 2011”
Further Section 9(2) of the Act (supra) says :-
“ (2) In addition, the Tribunal shall
decide any case transferred to it by
the Government of Bihar or by the
Hon’ble High Court of Judicature at
Patna with regard to any other
revenue or land reforms Law/Manual
for the time being in force.”
6. In this backdrop learned counsel for the petitioner
prays for disposal of the writ application granting liberty to the
petitioner to approach the Bihar Land Tribunal for proper
adjudication of the matter.
7. In view of the aforesaid submission, let the
petitioner file a fresh application before the Bihar Land Tribunal
for adjudication of the matter, within a period of six weeks from
the date of receipt of this order.
8. It goes without saying that if any question of
limitation arises before the competent authority, the same shall
be considered taking into consideration the fact that the
petitioner was pursuing the issue before this Court under Article
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226 of the Constitution of India.
9. Thus the writ petition stands disposed of in the
aforesaid terms.
(Rana Vikram Singh, J)
Supratim/Smriti-
U
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