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Patna High Court

Shiv Kant RanjanversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The High Court held that the petitioner must approach the Bihar Land Tribunal for adjudication, as the statutory alternative remedy under the Bihar Land Tribunal Act, 2009 is available, and therefore dismissed the writ petition.

Summary

Shiv Kant Ranjan filed a writ petition under Article 226 of the Constitution seeking to set aside orders of the Additional Collector and the Land Revenue Development Commissioner and to confirm an order of the Circle Officer. The State argued that a statutory alternative remedy existed under the Bihar Land Tribunal Act, 2009, which had become functional. The Court examined Section 15 of the Act, which allows the High Court to remit disputes to the Tribunal, and noted that the Tribunal has jurisdiction over matters covered by various land reform statutes listed in Section 9. Holding that the petitioner must pursue the matter before the Bihar Land Tribunal, the Court directed the petitioner to file a fresh application within six weeks. The writ petition was consequently disposed, with a note that any limitation issues would be considered in light of the petitioner's prior proceedings before the Court.

Issues considered

  • Whether the petitioner can maintain a writ petition under Article 226 when a statutory alternative remedy under the Bihar Land Tribunal Act, 2009 is available.
  • Whether Section 15 of the Bihar Land Tribunal Act, 2009 mandates remittance of the dispute to the Tribunal.
  • Whether the orders challenged fall within the jurisdiction of the Bihar Land Tribunal as per Section 9 of the Act.

Legislation cited

Subjects

  • Article 226
  • writ petition
  • alternative statutory remedy
  • Bihar Land Tribunal
  • Section 15
  • Section 9
  • land reforms
  • limitation

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No. 7602 of 2026
                 ======================================================
                 Shiv Kant Ranjan, S/o Sri Umesh Yadav, resident of Village Mukheriya, PS
                 Jagdishpur, District Bhagalpur.

                                                                         ... ... Petitioner/s
                                                 Versus
           1.    The State of Bihar through the Principal Secretary, Revenue Department,
                 Government of Bihar, Patna.
           2.    District Collector, Bhagalpur, District Bhagalpur.
           3.    Additional District Collector, Bhagalpur, District Bhagalpur.
           4.    Land Reform Deputy Collector, Bhagalpur, District Bhagalpur.
           5.    Circle Officer, Jagdishpur block, District Bhagalpur.
           6.    Suresh Prasad Hari, S/o Late Panchu Mehtar, R/o Village Jagdishpur, PO
                 and PS Jagdishpur, District Bhagalpur.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :     Mr. Arvind Kumar, Advocate
                 For the Respondent/s    :     Mr. Standing Counsel (6)
                 ======================================================
                 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 issue appropriate writ holding that
                                  the order order of Ld. Additional Collector dated 30-
                                  01-2024 as well as order of Ld. LRDC dated 21-10-
                                  2022 is illegal and hence set aside the same.
                                              (ii) To issue an appropriate writ(s) directing
                                  respondents to confirm the order dated 28-03-2017
                                  passed by the Ld. Anchaladhikari (Circle Officer)
                                  Jagdishpur, Block in Mutation Case no. 10016/2016-
                                  17.
                                              (iii)    To     pass   such      order/orders
                                  direction/directions for which petitioner is entitled in
Patna High Court CWJC No. 7602 of 2026(2) dt.23-06-2026
                                            2/4




                          the facts and circumstances of the instant 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”.

                       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
Patna High Court CWJC No. 7602 of 2026(2) dt.23-06-2026
                                            3/4




          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
                                 (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
           Patna High Court CWJC No. 7602 of 2026(2) dt.23-06-2026
                                                       4/4




                     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.

                                  9. Thus the writ petition stands disposed of in the

                     aforesaid terms.


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

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