Patna High Court
Vijay Kumar Yadav @ Vijay Kumar GhoshversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RANA VIKRAM SINGH
Holding
The High Court held that the petitioners must approach the Bihar Land Tribunal as the appropriate statutory forum, and therefore disposed of the writ petition.
Summary
The petitioners, a group of individuals claiming ownership of certain land plots, filed a writ petition under Article 226 seeking a mandamus directing the State of Bihar and its officials to act on their representation dated 02‑03‑2026 and to create Jamabandi in their names. The State argued that the Bihar Land Tribunal, a statutory body, is the appropriate forum for such land‑related disputes. The Court examined Section 15 of the Bihar Land Tribunal Act, 2009, which permits transfer of disputes to the Tribunal, and Section 9, which defines its jurisdiction over various land‑reform statutes. Concluding that an alternative statutory remedy exists, the Court directed the petitioners to file a fresh application before the Bihar Land Tribunal within three weeks. Accordingly, the writ petition was disposed of.
Issues considered
- Whether a writ petition under Article 226 is maintainable when a statutory alternative remedy (Bihar Land Tribunal) is available.
- Whether the High Court can entertain the petition or must remit the matter to the Bihar Land Tribunal under Section 15 of the Bihar Land Tribunal Act, 2009.
Legislation cited
- Bihar Land Tribunal Act, 2009 — s. 15, 9
Subjects
- writ petition
- mandamus
- alternative remedy
- statutory jurisdiction
- land reforms
- Jamabandi
- Bihar Land Tribunal
- Article 226
- limitation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No. 7619 of 2026
======================================================
1. Vijay Kumar Yadav @ Vijay Kumar Ghosh Son of Late Dhula Yadav @
Late Dhula Ghosh, Resident of Village- Charakpara, P.O. Runki, P.S. Rauta,
District- Purnea (Bihar) PIN Code 855107.
2. Bharti Devi, Daughter of Late Dhula Yadav @ Late Dhula Ghosh, Resident
of Village- Charakpara, P.O. Runki, P.S. Rauta, District- Purnea (Bihar) PIN
Code 855107.
3. Babul Yadav @ Babul Kumar Ghosh, Son of Late Dhannu Lal Yadav,
Resident of Village- Charakpara, P.O. Runki, P.S. Rauta, District- Purnea
(Bihar) PIN Code 855107.
4. Surya Kumar Yadav@Surya Kumar Ghosh, Son of Late Dhannu Lal Yadav,
Resident of Village- Charakpara, P.O. Runki, P.S. Rauta, District- Purnea
(Bihar) PIN Code 855107.
5. Ram Lal Yadav, Son of Mannu Lal Yadav, Resident of Village- Charakpara,
P.O. Runki, P.S. Rauta, District- Purnea (Bihar) PIN Code 855107.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Old Secretariat, Bihar, Patna.
2. The Additional Chief Secretary-cum-Principal Secretary, Revenue and Land
Reforms Department, Govt. of Bihar, Old Secretariat, Patna.
3. The Commissioner, Purnea Division, Purnea.
4. The District Collector-cum-the District Magistrate, Purnea.
5. The Additional District Collector, Purnea.
6. The Deputy Collector, Land Reforms Amour, Purnea.
7. The Circle Officer, Amaur, Purnea.
8. Nibhash Gupta, S/o Ram Narayan Gupta, Resident of Village and P.O.
Rangamati, P.S.- Amaur, District- Purnea.
9. Subhash Gupta, S/o Ram Narayan Gupta, Resident of Village and P.O.
Rangamati, P.S.- Amaur, District- Purnea.
10. Prabhash Gupta, S/o Ram Narayan Gupta, Resident of Village and P.O.
Rangamati, P.S.- Amaur, District- Purnea.
11. Md. Akbar, S/o Sheikh Attaurrahman, Resident of Village- Chauka Talbari,
P.O.- Rangamati, P.S. Amaur, District- Purnea.
12. Sheikh Attaur Rahman, S/o Tabak Ali, Resident of Village- Chauka Talbari,
P.O.- Rangamati, P.S. Amaur, District- Purnea.
13. Md. Atwari, S/o Sheikh Musibat, Resident of Village- Chauka Talbari, P.O.-
Rangamati, P.S. Amaur, District- Purnea.
14. Md. Hasim, S/o Sheikh Musibat, Resident of Village- Chauka Talbari, P.O.-
Rangamati, P.S. Amaur, District- Purnea.
15. Md. Kasim, S/o Sheikh Musibat, Resident of Village- Chauka Talbari, P.O.-
Rangamati, P.S. Amaur, District- Purnea.
Patna High Court CWJC No. 7619 of 2026(2) dt.23-06-2026
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16. Md. Ibrahim, S/o Abdul Gaffar, Resident of Village- Chauka Talbari, P.O.-
Rangamati, P.S. Amaur, District- Purnea.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Manish, Advocate
For the Respondent/s : Dr. Md. Raisul Haque, S.C.-10
======================================================
CORAM: HONOURABLE MR. JUSTICE RANA VIKRAM SINGH
ORAL ORDER
2 23-06-2026 Heard learned counsel for the parties.
2. The petitioners 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:-
“(a) For issuance of writ in the nature of
mandamus directing / commanding the concern
respondents to take necessary and lawful action upon
the representations dated 02.03.2026 filed by the
petitioners (as contained in Annexure - P/ 5series).
(b) For further directing to the concern
respondent, to create Jamabandi in the name of the
petitioners with respect to the disputed plots which has
been wrongly run in the name of respondents and their
father also.
(c) For the writ petitioners also pray before
this Hon'ble Court to issue appropriate writ or writs
order or orders, direction or directions as this Hon'ble
Court may deem fit and proper in the facts and
circumstances of this case.”
3. At this stage, learned counsel for the State raises
preliminary objection to the effect that statutory alternative
remedy is available to the petitioners. 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
Patna High Court CWJC No. 7619 of 2026(2) dt.23-06-2026
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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
(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
Patna High Court CWJC No. 7619 of 2026(2) dt.23-06-2026
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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 petitioners
prays for disposal of the writ application granting liberty to the
petitioners to approach the Bihar Land Tribunal for proper
adjudication of the matter.
7. In view of the aforesaid submission, let the
petitioners 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
petitioners were pursuing the issue before this Court under
Article 226 of the Constitution of India.
Patna High Court CWJC No. 7619 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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