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Patna High Court

Manoj Kumar @ Manoj RamversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court held that the petitioners must file a fresh representation and the Collector shall consider and dispose of it, rather than granting immediate land allotment.

Summary

The petitioners, a group of twenty‑nine individuals claiming to be landless, filed a writ petition seeking an order directing the Collector‑cum‑District Magistrate of Patna to allot each of them five decimals of land, provide basic amenities including Indira Awas, and prevent disturbance of their existing residence. The petitioners alleged that the authorities had ignored their earlier representation dated 23‑08‑2023 and highlighted their impoverished condition. The Court observed that the earlier application was stale and might not be traceable in the Collector’s office, rendering the relief sought premature. Consequently, the Court directed the petitioners to file a fresh representation within four weeks, emphasizing that the Collector must consider and dispose of it in light of their genuine grievances. The writ application was therefore disposed with the direction to file a fresh representation and for the Collector to take appropriate action.

Issues considered

  • Whether the petitioners are entitled to immediate allotment of five decimals of land and related amenities.
  • Whether the Court can grant the relief sought without a fresh representation from the petitioners.
  • Whether the petition is maintainable given the age and status of the earlier application.

Subjects

  • land allotment
  • landless persons
  • writ jurisdiction
  • basic amenities
  • Indira Awas
  • constitutional rights
  • equality
  • welfare state
  • fresh representation

Judgment

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No. 7766 of 2026
     ======================================================
1.    Manoj Kumar @ Manoj Ram S/o Sanjay Ravidas @Sanjay Ram, R/o-
      Village- Nandlal Chhapra, P.O. Manoharpur Kachhuara, P.S. Ramkrishna
      Nagar, District- Patna, Bihar-800016.
2.   Nagendra Kumar, S/o-Munarik Ram, R/o-Village- Bham, P.S.-Anti, District-
     Gaya, Bihar-824116, Currently R/o- Village- Nandlal Chhapra, P.O.-
     Manoharpur Kachhuara, P.S. Ramkrishna Nagar, District-Patna, Bihar-
     800016.
3.   Pintoo Kumar, S/o- Sri Jangli Ravidas, R/o- Village and Post- Lodipur, P.S.-
     Paraiya, District-Gaya, Bihar-824209, Currently R/o- Village- Nandlal
     Chhapra, P.O.- Manoharpur Kachhuara, P.S. Ramkrishna Nagar, District-
     Patna, Bihar-800016.
4.   Mohan Ravidas, S/o- Jangli Ravidas, R/o- Village Post-Lodipur, P.S.-
     Paraiya, District. Gaya, Bihar-824209, Currently R/o-Village-Nandlal
     Chhapra, P.O.- Manoharpur Kachhuara, P.S.-Ramkrishna Nagar, District
     Patna, Bihar-800016.
5.   Satyendra Ravidas, S/o-Jangli Ravidas, R/o- Village and Post- Lodipur, P.S.-
     Paraiya, District-Gaya, Bihar-824209, Currently R/o-Village-Nandlal
     Chhapra, P.O.- Manoharpur Kachhuara, P.S.-Ramkrishna Nagar, District-
     Patna, Bihar-800016.
6.   Munna Ravidas, S/o-Krishna Ravidas, R/o- Village and Post- Lodipur, P.S.-
     Paraiya, District-Gaya, Bihar-824209, Currently R/o-Village-Nandlal
     Chhapra, P.O.-Manoharpur Kachhuara, P.S.-Ramkrishna Nagar, District-
     Patna, Bihar-800016.
7.   Shailendra Kumar, S/o-Kashee Ravidas, R/o- Village and Post-Bhokilapar,
     P.S.-Hilsa, District-Nalanda, Bihar-801302, Currently R/o-Village-Nandlal
     Chhapra, P.O.- Manoharpur Kachhuara, P.S.-Ramkrishna Nagar, District-
     Patna, Bihar-800016.
8.   Krishna Ravidas, S/o- Balkishun Ravidas, R/o- Village- Nandlal Chhapra,
     P.O.- Manoharpur Kachhuara, P.S.- Ramkrishna Nagar, District Patna,
     Bihar-800016.
9.   Madan Ravidas, S/o-Jangli Ravidas, R/o- Village and Post- Lodipur, P.S.-
     Paraiya, District-Gaya, Bihar-824209, currently R/o-Village-Nandlal
     Chhapra, P.O.- Manoharpur Kachhuara, P.S. Ramkrishna Nagar, District-
     Patna, Bihar-800016.
10. Vikash Ravidas, S/o-Mridubhashi Ravidas, R/o-Village-Nandlal Chhapra,
    P.O.- Manoharpur Kachhuara, P.S. Ramkrishna Nagar, District- Patna,
    Bihar-800016.
11. Devraj Kumar, S/o-Laxmi Das, R/o- Village--Nandlal Chhapra, P.O.-
    Manoharpur Kachhuara, P.S. Ramkrishna Nagar, District- Patna, Bihar-
    800016, Currently R/o-T.V. Tower, Near Beba Jhil, Bahadurpur Housing
    Clony, B.H. Colony, District- Patna-800026.
12. Pankaj Kumar, S/o-Jangali Ravidas, R/o-Village and Post-Lodipur, P.S.-
    Paraiya, District-Gaya, Bihar-824209, Currently R/o-Village-Nandlal
    Chhapra, P.O. Manoharpur Kachhuara, P.S.-Ramkrishna Nagar, District-
Patna High Court CWJC No. 7766 of 2026(2 ) dt.24-06-2026
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        Patna, Bihar-800016.
  13. Pradip Ram, S/o-Raj Bali Ram, R/o-Ram Krishan Colony, Sandalpur, Post-
      Mahendru, P.S.-Bahadurpur, District- Patna, Bihar-800006, Currently R/o-
      Village-Nandlal Chhapra, P.O. Manoharpur Kachhuara, P.S.-Ramkrishna
      Nagar, District- Patna, Bihar-800016.
  14. Munna Kumar @ Munna Ravidas, S/o-Jangali Ravidas, R/o-Village and
      Post-Lodipur, P.S.-Paraiya, District- Gaya, Bihar-824209, currently R/o-
      Village-Nandlal Chhapra, P.O.- Manoharpur Kachhuara, P.S. Ramkrishna
      Nagar, District- Patna, Bihar-800016.
  15. Vikash Kumar, S/o-Krishna Ravidas, R/o- Village and Post Lodipur, P.S.-
      Paraiya, District-Gaya, Bihar-824209, Currently R/o-Village-Nandlal
      Chhapra, P.O.-Manoharpur Kachhuara, P.S.-Ramkrishna Nagar, District-
      Patna, Bihar-800016.
  16. Ram Jivan Ram, S/o-Sanjay Ravidas @Sanjay Ram, R/o-Village-Nandlal
      Chhapra, P.O.-Manoharpur Kachhuara, P.S. Ramkrishna Nagar, District-
      Patna, Bihar-800016.
  17. Sonu Kumar, S/o-Raj Kumar Das, R/o-Mohalla-Sector-3, B.H. Colony,
      Bhootnath Road, T.V. Tower, Sampatchak, P.S.-Agamkuan, Patna, District-
      Patna- 800026, Currently Ro-Village-Nandlal Chhapra, PO Manoharpur
      Kachhuara, P.S.-Ramkrishna Nagar, District-Patna, Bihar-800016.
  18. Jitendra Kumar, S/o-Laxmi Ravidas, R/o-Chhoti Nawada, Patna-803202
      currently R/o-Bhootnath Road, Nandial Chhapra, P.S. Ramkrishna Nagar,
      District-Patna-800016.
  19. Anita Devi, W/o-Mridubhashi Ravidas, R/o-T.V. Tower, Bahadurpur
      Housing Clony, B.H. Colony, District- Patna-800026, Currently R/o-Village-
      Nandlal Chhapra, P.S. Ramkrishna Nagar, District Patna, Bihar-800016.
  20. Raju Das @ Raju Ravidas, S/o- Sri Krishna Ravidas, R/o- Nandlal Chhapra,
      P.S. Ramkrishna Nagar, District- Patna, Bihar-800016.
  21. Krishna Das, S/o- Chaturi Das, R/o- Lodipur, Paraaiya, District- Gaya-
      824209, Currently R/o-Villaage Nandlal Chhapra, P.S.- Ramkrishna Nagar,
      District-Patna, Bihar-800016.
  22. Urmila Devi, W/o- Janardan Ram, R/o- Salonepur, District- Siwan-841226,
      Currently R/o-Ward No.-46, Village-Nandlal Chhapra, P.O. Manoharpur
      Kachhuara, P.S.- Ram Krishna Nagar, District- Patna, Bihar-800016.
  23. Suraj Kumar @ Suraj Kumar Ram, S/o-Late Binda Ram, R/o- English,
      District- Siwan, Bihar-841239, Currently R/o- Ward No.-46, Village-Nandlal
      Chhapra, P.O.- Manoharpur Kachhuara, P.S. Ram Krishna Nagar, District-
      Patna, Bihar-800016.
  24. Vikash Kumar @ Vikas Kumar Ambedkar, S/o-Janardan Ram, R/o-C.I.D.
      Colony, L.B.S. Nagar, Patna-800023, Currently R/o- Ward No.-46, Village-
      Nandlal Chhapra, P.O. Manoharpur Kachhuara, P.S. Ram Krishna Nagar,
      District- Patna, Bihar-800016.
  25. Sangeeta Devi, W/o-Rakesh Ram, R/o- Jaijor, Distrct- Siwan-841231,
      Currently R/o- Ward No.-46, Village-Nandlal Chhapra, P.O. Manoharpur
      Kachhuara, P.S.- Ram Krishna Nagar, District- Patna, Bihar-800016.
  26. Sima Devi, W/o-Arun Ram, R/o- Bhalua, District- Siwan- 841232,
         Patna High Court CWJC No. 7766 of 2026(2 ) dt.24-06-2026
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                 Currently R/o- Ward No.-46, Village-Nandlal Chhapra, P.O.- Manoharpur
                 Kachhuara, P.S.- Ram Krishna Nagar, District- Patna, Bihar-800016.
           27. Reena Kumari, W/o-Awadhesh Kumar, R/o- Ward No.-12, Danapur Cantt,
               Sagunamore, District-Patna, Currently R/o- Ward No.-46, Village-Nandlal
               Chhapra, P.O.- Manoharpur Kachhuara, P.S. Ram Krishna Nagar, District-
               Patna, Bihar-800016.
           28. Ritesh Ram, S/o- Lakshmi Ram, R/o- Ward-04, Khanpur Khairganj
               Hussainganj, District-Siwan, Currently R/o- Ward No.-46, Village-Nandlal
               Chhapra, P.O.- Manoharpur Kachhuara, P.S. Ram Krishna Nagar, District-
               Patna, Bihar-800016.
           29. Jagjivan Ram, S/o- Sanjay Ram, R/o- Nandlal Chhapra, P.O.- Manoharpur
               Kachhuara, P.S.- Ram Krishna Nagar, District- Patna, Bihar-800016.

                                                                       ... ... Petitioner/s
                                                Versus
           1.    The State of Bihar through the Principal Secretary, Revenue and Land
                 Reforms Department, Government of Bihar at Patna.
           2.    The Principal Secretary, Revenue and Land Reforms Department,
                 Government of Bihar at Patna.
           3.    The Collector-Cum-District Magistrate, Patna, District- Patna.
           4.    The Deputy Collector Land Reforms, Patna Sadar, District-Patna.
           5.    The Sub-Divisional Officer, Patna Sadar, District-Patna.
           6.    The Block Development Officer, Patna Sadar, District-Patna.
           7.    The Circle Officer, Patna Sadar, District-Patna.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Dr. Ranjeet Kumar, Advocate
                                                  Mr. Rohan Sinha, Advocate

                 For the Respondent/s    :        Mr. SC 16
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RANA VIKRAM SINGH
                                       ORAL ORDER

2   24-06-2026                    Heard learned counsel for the parties.

                                 2. The      petitioners,      29   in   numbers,   claiming

                   themselves to be landless persons, have approached this Court

                   for seeking a direction to the respondent, the Collector-cum-

                   District Magistrate, Patna, to consider and dispose off their
Patna High Court CWJC No. 7766 of 2026(2 ) dt.24-06-2026
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          application dated 23.08.2023 for allotment of 5 decimals of land

          to each of them and also to provide              basic facilities and

          amenities including the Indira Awas and further they may not be

          disturbed from their           existing residence situated in Village

          Nandlal Chappra, Thana No. 45, Khata no. 26 Khesra No. 211

          until the allotment of 5 decimals of land and grant of the other

          reliefs as claimed by them.

                       3. The averments made in the writ application show

          that petitioners hail from the lowest Strata of society and are

          spending their lives out of the meager income which they

          could barely manage in order to sustain themselves and their

          families. They have been running, as submitted, from the pillar

          to post for getting their grievances redressed, but it appears that

          all their plight and pleading seems to have fallen on deaf ears of

          the authority which reflects the callous approach of respondents

          towards the hapless petitioners who have been bestowed with

          the right to live with dignity and to maintain their family with

          minimum basic amenities for which the welfare State is under

          constitutional obligation to maintain their citizens on equality

          basis. The representation dated 23.08.2023 seems to be old one

          and might not be traced in the Collector’s Office.

                       4. In these circumstances, the petitioners are given the
           Patna High Court CWJC No. 7766 of 2026(2 ) dt.24-06-2026
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                     liberty to file a fresh representation highlighting all their

                     grievances and claims before the Collector, Patna within four

                     weeks from today and it is expected that this time the

                     application would not go uncared and unheeded. The District

                     Magistrate, Patna will ensure the proper disposal of this

                     representation so filed by the petitioners considering their plight

                     and genuineness of their grievances and if the Collector comes

                     to the conclusion that the petitioners are duly entitled to the

                     relief as prayed for, in that circumstance, he will pass necessary

                     orders and take effective steps to ameliorate their hardships.

                                  5. Accordingly, this writ application is disposed with

                     the aforesaid direction.



                                             (Rana Vikram Singh, J)
shivangi/Prakash

U


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