Patna High Court
Smt. Rampari DeviversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RANA VIKRAM SINGH
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
- Bihar Land Tribunal Act, 2009 — s. 15, 9
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
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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
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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.
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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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