Patna High Court
Umesh MistriversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RANA VIKRAM SINGH
Holding
The Court held that the writ petition involves disputed factual issues and therefore cannot be entertained, disposing of the application and directing the petitioners to file a fresh representation.
Summary
Seventeen landless persons belonging to the EBC category filed a writ petition seeking the issuance of Parcha (land title) for Khata Nos. 37 and 92 in Mauza‑Tarapur, alleging that the land had been acquired by the Government in a land‑ceiling case and that earlier Parchas issued in their favour were withdrawn following a 1996 High Court order. They claimed that the District Magistrate‑cum‑Collector had not acted on their detailed representation, which was allegedly undated, and prayed for a direction to complete the formalities for issuance of the Parchas. The Court observed that the petition raised a bundle of factual disputes that are not amenable to adjudication under writ jurisdiction. Consequently, the Court disposed of the writ application, directing the petitioners to file a fresh, properly formatted representation supported by documents within three weeks, and directing the Collector to decide the matter with a reasoned order within six weeks. No substantive relief regarding the Parcha was granted.
Issues considered
- What is the jurisdiction of the High Court to entertain a writ petition seeking issuance of Parcha when the matter involves disputed facts?
- Can the petitioners' earlier representation before the District Collector be considered valid despite being undated?
- Is the Court empowered to direct the issuance of land title (Parcha) in the present proceedings?
Subjects
- land reform
- Parcha
- writ jurisdiction
- land ceiling
- EBC
- landless
- District Collector
- representation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7597 of 2026
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1. Umesh Mistri S/o Late Ganauri Mistri, Resident of Village- Gauravchak,
Narainpur, P.O.- Narayanpur, P.S.- Telhara, District- Nalanda, Bihar.
2. Krishn Mistry, S/o Late Janki Mistry, Resident of Village- Gauravchak,
Narainpur, P.O.- Narayanpur, P.S.- Telhara, District- Nalanda, Bihar.
3. Pramod Kumar @ Pramod Jamadar, S/o Vijendra Jamadar @ Vijindra
Jamadar, Resident of Village- Gauravchak, Narainpur, P.O.- Narayanpur,
P.S.- Telhara, District- Nalanda, Bihar.
4. Bade Jamadar, S/o Late Ram Bachan Jamadar, Resident of Village-
Gauravchak, Narainpur, P.O.- Narayanpur, P.S.- Telhara, District- Nalanda,
Bihar.
5. Jasho Devi, W/o Rajdev Ram, Resident of Village- Gauravchak, Narainpur,
P.O.- Narayanpur, P.S.- Telhara, District- Nalanda, Bihar.
6. Nagina Jamadar, S/o Late Dukhan Jamadar, Resident of Village-
Gauravchak, Narainpur, P.O.- Narayanpur, P.S.- Telhara, District- Nalanda,
Bihar.
7. Pintu Kumar, S/o Late Ram Bachan Jamadar, Resident of Village-
Gauravchak, Narainpur, P.O.- Narayanpur, P.S.- Telhara, District- Nalanda,
Bihar.
8. Premchandra Kumar @ Prem Chandra Kumar, S/o Arjun Prasad @ Arjun
Mistry, Resident of Village- Gauravchak, Narainpur, P.O.- Narayanpur, P.S.-
Telhara, District- Nalanda, Bihar.
9. Dharmendra Kumar @ Dharmendra Jamadar, S/o Uma Shankar Jamadar,
Resident of Village- Gauravchak, Narainpur, P.O.- Narayanpur, P.S.-
Telhara, District- Nalanda, Bihar.
10. Jitendra Kumar @ Jitendra Jamadar, Son of Uma Prasad @ Uma Shankar
Prasad, Resident of Village- Gauravchak, Narainpur, P.O.- Narayanpur, P.S.-
Telhara, District- Nalanda, Bihar.
11. Kanti Devi, W/o Umesh Mistri, Resident of Village- Gauravchak, Narainpur,
P.O.- Narayanpur, P.S.- Telhara, District- Nalanda, Bihar.
12. Ram Sagar Jamadar @ Ramsagar Vind, S/o Late Dukhan Jamadar, Resident
of Village- Gauravchak, Narainpur, P.O.- Narayanpur, P.S.- Telhara, District-
Nalanda, Bihar.
13. Uma Shankar Prasad @ Umashankar Prasad, S/o Late Dukhid Jamadar,
Resident of Village- Gauravchak, Narainpur, P.O.- Narayanpur, P.S.-
Telhara, District- Nalanda, Bihar.
14. Vijindra Jamadar @ Vijendra Jamadar, S/o Late Dukhid Jamadar, Resident
of Village- Gauravchak, Narainpur, P.O.- Narayanpur, P.S.- Telhara, District-
Nalanda, Bihar.
15. Subodh Kumar @ Subodh Jamadar, S/o Vijindra Jamadar @ Vijendra
Jamadar, Resident of Village- Gauravchak, Narainpur, P.O.- Narayanpur,
P.S.- Telhara, District- Nalanda, Bihar.
16. Mithu Kumar, S/o Vijendra Kumar @ Vijendra Jamadar, Resident of
Patna High Court CWJC No.7597 of 2026(2) dt.23-06-2026
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Village- Gauravchak, Narainpur, P.O.- Narayanpur, P.S.- Telhara, District-
Nalanda, Bihar.
17. Ranjit Bind @ Ranjit Jamadar, S/o Ram Bachan Bind, Resident of Village-
Gauravchak, Narainpur, P.O.- Narayanpur, P.S.- Telhara, District- Nalanda,
Bihar.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Revenue and Land
Reforms Department, Government of Bihar, Patna.
2. The District Magistrate-cum-Collector, Nalanda.
3. The Additional Collector, Nalanda.
4. The Deputy Collector, Land Reforms, Hilsa, District Nalanda.
5. The Circle Officer, Ekangarsarai, District Nalanda.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Niraj Kumar, Advocate
For the Respondent/s : Mr. Government Pleader (27)
======================================================
CORAM: HONOURABLE MR. JUSTICE RANA VIKRAM SINGH
ORAL ORDER
2 23-06-2026 Heard learned counsel for the petitioner as well as for
the State.
2. The petitioners (seventeen in numbers) have
preferred this writ application for a direction to the respondents
for issuance of Parcha in their name, pertaining to Khata No. 37
and 92 of Mauza-Tarapur, Tola-Gauravchak, Thana No.-32,
Anchal & P.S.-Ekangarsarai, District-Nalanda (land in question)
on the ground of them being landless persons hailing from EBC
category and have been Bataidar of the landlord.
They have further claimed that the aforesaid land as
mentioned hereinabove have already been acquired by the
Patna High Court CWJC No.7597 of 2026(2) dt.23-06-2026
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Government in Land Ceiling Case No. 30/74-75 and
accordingly, Parcha have been issued in their favour/ancestors
but later on those Parchas were withdrawn pursuant to the order
dated 09.10.1996 passed by the Hon’ble High Court directing
the authorities to ascertain the claim of landlord for additional
unit. Further, they have also prayed that the District Magistrate-
cum-Collector, Nalanda be directed to complete all necessary
formalities relating to land in question so that Parchas could be
issued in their favour.
3. Raising such grievances, the petitioners have
already approached the respondent no. 2 i.e. the District
Magistrate-cum-Collector, Nalanda by filing detailed
representation (Annexure P-5) enclosing therewith relevant
documents in support of their claim with the prayer to distribute
the surplus land in their favour duly acquired by the
Government, but this representation seems to be undated.
4. Averments made in the writ application contain
bundle of facts raising multiple issues which is related to
disputed question of fact, which cannot be looked into by this
Court in the writ jurisdiction. Hence, in this backdrop, this
application is disposed of with liberty to the petitioners to file a
fresh representation in proper proforma, highlighting all those
Patna High Court CWJC No.7597 of 2026(2) dt.23-06-2026
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grievances which has been raised herein, duly supported by
documents which has been averred in the writ application,
before the District Magistrate-cum-Collector, Nalanda within
three weeks henceforth and the District Magistrate-cum-
Collector, Nalanda is duty bound to dispose of the
representation so filed by the petitioners by a reasoned and
speaking order within six weeks therefrom.
5. Accordingly, this writ application is disposed of in
the aforesaid terms.
(Rana Vikram Singh, J)
Supratim/ Smriti
U
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