Patna High Court
Fudo DeviversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RANA VIKRAM SINGH
Holding
The High Court held that the petitioner must approach the Bihar Land Tribunal and therefore disposed of the writ petition.
Summary
Fudo Devi, the widow of Bihari Yadav, filed a writ petition under Article 226 of the Constitution seeking to quash an order dated 25‑06‑2016 passed by the Additional Collector and to have her name entered in the revenue records. The petitioner approached the Patna High Court directly, bypassing the Bihar Land Tribunal, which is the statutory forum for land‑related disputes. The State raised a preliminary objection that the Bihar Land Tribunal Act, 2009 provides an alternative remedy and that Section 15 allows the High Court to remit such matters to the Tribunal. The Court examined the provisions of Sections 9 and 15 of the Act and held that the petitioner must first approach the Tribunal for adjudication. Accordingly, the Court directed the petitioner to file a fresh application before the Bihar Land Tribunal within six weeks and disposed of the writ petition.
Issues considered
- Whether a writ petition under Article 226 is maintainable when a statutory alternative remedy under the Bihar Land Tribunal Act, 2009 is available.
- Whether the High Court can entertain the petition or must remit the dispute to the Bihar Land Tribunal under Section 15 of the Act.
Legislation cited
- Bihar Land Tribunal Act, 2009 — s. 15, 9
Subjects
- Article 226
- writ petition
- statutory alternative remedy
- Bihar Land Tribunal
- jurisdiction
- land dispute
- revenue records
- limitation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7623 of 2026
======================================================
Fudo Devi, wife of Bihari Yadav @ Late Bihari Yadav, resident of village -
Purana Salempur, Ward No. 7, P.S. - Surajgarha, District -Lakhisarai.
... ... Petitioner/s
Versus
1. The State of Bihar through the Additional Chief Secretary, Land and
Revenue, Govt. of Bihar, Patna.
2. The District Magistrate-cum-Collector, Lakhisarai.
3. The Additional Collector, Lakhisarai.
4. The Deputy Collector Land Reform, Lakhisarai.
5. The Circle Officer, Surayagarha, Lakhisarai
6. Gopal Yadav son of Late Ramkishun Yadav @ Kishun Yadav Village Purana
Salempur, P.S. -Surajgarha, District - Lakhisarai.
7. Indradev Yadav @ Indu Yadav son of late Ramkishun Yadav @ Kishun
Yadav Village Purana Salempur, P.S. -Surajgarha, District - Lakhisarai.
8. Heera Kumar son of Late Upendra Yadav Village- Purana Salempur, P.S.
-Surajgarha, District - Lakhisarai.
9. Jawahar Kumar son of late Upendra Yadav Village- Purana Salempur, P.S.
-Surajgarha, District - Lakhisarai.
10. Sikendra Mahto son of Mahavir Mahto, resident of village - Samho tilathi,
P.S. - Samho, District - Begusarai.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Manoj Kumar Singh, Advocate
For the Respondent/s : Mr. Government Pleader (13)
======================================================
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. 3 of
the writ petition:-
“(i) Order dated 25.06.2016 passed by
Respondent No. 3 may be quashed.
Patna High Court CWJC No.7623 of 2026(2) dt.23-06-2026
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(ii) Respondents may be directed to enter the
name of the petitioner in revenue records after
quashing the order dated 25.06.2016.
(iii) Private respondents may also be directed
not to disturb the petitioner over the land which
is in physical possession over the land in
question.
(iv) Any other consequential relief or reliefs for
which the petition is entitled under the law.”
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,
Patna High Court CWJC No.7623 of 2026(2) dt.23-06-2026
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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
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
Patna High Court CWJC No.7623 of 2026(2) dt.23-06-2026
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for adjudication of the matter, within a period of six 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 with taking into consideration to 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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