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Patna High Court

Smt. Rampari DeviversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The writ petition is not maintainable; the petitioner must approach the Bihar Land Tribunal for adjudication.

Summary

Smt. Rampari Devi, claiming ownership of 4.36 acres of land based on a 2013 title suit judgment and a 2024 order of the Bihar Land Tribunal, filed a writ petition under Article 226 seeking mandamus directing the Circle Officer to fix rent, mutate the land and comply with the Tribunal’s order. The State argued that the statutory remedy under the Bihar Land Tribunal Act, 2009 was available and that writ petitions are excluded from Section 15’s transfer provision. The Court examined Section 15, which allows transfer of disputes to the Tribunal but expressly excludes writ petitions, and held that the petitioner must approach the Tribunal first. Consequently, the Court directed the petitioner to file a fresh application before the Bihar Land Tribunal within three weeks. The writ petition was thereafter disposed, with a note that any limitation issue would be considered by the Tribunal.

Issues considered

  • Whether a writ petition under Article 226 is maintainable when a statutory remedy under the Bihar Land Tribunal Act, 2009 is available.
  • Whether Section 15 of the Bihar Land Tribunal Act, 2009 bars the High Court from entertaining the writ petition.

Legislation cited

Subjects

  • Article 226
  • Writ of mandamus
  • Bihar Land Tribunal Act
  • Statutory remedy
  • Land mutation
  • Jurisdiction
  • Limitation

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No. 7598 of 2026
                 ======================================================
                 Smt. Rampari Devi, W/o- Ramchandra Prasad Singh, Resident of Village-
                 Murgichak, P.S.- Ghosi, District- Gaya at present District- Jehanabad.

                                                                         ... ... Petitioner/s
                                                 Versus
           1.    The State of Bihar through the District Magistrate -cum- Collector, Gaya
                 Jee.
           2.    The District Magistrate-cum-Collector, Gaya Jee.
           3.    The Additional Collector, Gaya Jee.
           4.    The Superintendent of Police, Gaya Jee.
           5.    The Sub Divisional Officer, Sadar, Gaya Jee.
           6.    The Deputy Collector Land Reforms, Sadar, Gaya Jee.
           7.    The Sub Divisional Police Officer, Bodh Gaya, Gaya Jee.
           8.    The Circle Officer, Bodh Gaya, District- Gaya, Gaya Jee.
           9.    The Circle Inspector, Bodh Gaya Block, District- Gaya Jee.
           10. The Station House Officer, Bodh Gaya Police Station, District- Gaya Jee.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mr. Niranjan Kumar, Advocate
                 For the Respondent/s    :        Mr. Standing Counsel (15)
                 ======================================================
                 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) For issuance of writ in the
                                             nature of Mandamus for directing and
                                             commanding the responsible respondent
                                             authorities, specially Respondent No. 8 i.e.
                                             Circle Officer, Bodh Gaya, District- Gaya Jee to
                                             consider and mutate the land of the Petitioner
                                             by fixing the rent of the same piece of land,
Patna High Court CWJC No. 7598 of 2026(2) dt.23-06-2026
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                                  appertaining to total area 04.36 Acre having
                                  Old Khata No. 106 (New Khata No. 288), Old
                                  Plot No.188, (New Plot No., 579), Thana No.
                                  357, Mauza- Ratnara Gangabigha, Tola-
                                  Ratibigha, Thana- Bodh Gaya, P.S- Bodh Gaya
                                  under the District of Gaya Jee (Bihar) in the
                                  name of the Petitioner as the petitioner is
                                  having absolute right, title and ownership as
                                  well as peaceful possession over the
                                  abovementioned properties, upon which, she has
                                  got absolute right, title and interest over the
                                  aforesaid land vide judgement and decree dated
                                  18.01.2013 passed by the Learned Sub Judge
                                  IVth, Gaya Jee in Title Suit No. 306/2009 // 100/
                                  2009 (Smt. Rampari Devi Versus The State of
                                  Bihar through Collector and ors.) and also in
                                  pursuance of order dated 05.04.2024 passed by
                                  the Bihar Land Tribunal (BLT) in B.L.T Case
                                  No. 563 of 2023.
                                             (ii) For issuance of writ in the nature
                                  of Mandamus for directing and commanding the
                                  Respondent Authorities No. 8, particularly the
                                  Circle Officer, Bodh Gaya, District Gaya Jee, to
                                  forthwith comply with and give effect to the
                                  order dated 05.04.2024 passed by the Hon'ble
                                  Chairman, The Bihar Land Tribunal, Patna in
                                  B.L.T. Case No. 563 of 2023, as the matter has
                                  been remitted back to the circle officer Bodh
                                  Gaya to pass fresh order in accordance with law
                                  after looking into the Judgment and Decree
                                  passed in Title Suit No. 306/09//100/09 and
                                  giving opportunity of hearing to petitioner
                                  within a period of three month from the date of
                                  receipt/production of this order.
                                             (iii) For issuance of writ in the
                                  nature of Mandamus for directing and
                                  commanding the Respondent Authorities to
                                  dispose of the matter strictly in accordance with
                                  law and in compliance of the directions issued
                                  by the Bihar Land Tribunal within such period
                                  as this Hon'ble Court may deem fit and proper.
                                             (iv) For issuance of any order or
                                  orders for your lordship may deem fit and
                                  proper in 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
Patna High Court CWJC No. 7598 of 2026(2) dt.23-06-2026
                                            3/5




          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”.

                       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 arising 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
Patna High Court CWJC No. 7598 of 2026(2) dt.23-06-2026
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                      (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
                      (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 three 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

          226 of the Constitution of India.
           Patna High Court CWJC No. 7598 of 2026(2) dt.23-06-2026
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                                  9. Thus the writ petition stands disposed of in the

                     aforesaid terms.



                                             (Rana Vikram Singh, J)
saurabh.kr/-

U


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