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Patna High Court

Ajay Kumar @ Ajay Kumar ChaurashiyaversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The High Court held that it cannot declare the land as raiyati land and directed the petitioner to file fresh representation before the competent authority.

Summary

The petitioner, Ajay Kumar, filed a writ petition seeking a declaration that the land he occupies be recognized as raiyati land in an ongoing survey, submitting representations dated September 2024. He claimed possession and asserted that he possessed documents establishing his title. The Patna High Court held that it lacks jurisdiction to directly declare the land as raiyati land and directed the petitioner to file a fresh representation before the appropriate authority, attaching all relevant documents. The Court granted the petitioner three weeks to file the new representation and instructed the respondent authorities to consider it and pass orders within six weeks if the petitioner’s right is established. Consequently, the writ application was disposed of with the above procedural directions.

Issues considered

  • Whether the High Court can issue a direction declaring land as raiyati land in the course of a survey
  • Whether the petitioner is entitled to a declaration of possession without filing fresh representation before the competent authority

Subjects

  • raiayti land
  • land reforms
  • writ jurisdiction
  • representation
  • possession
  • declaration
  • survey
  • High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Civil Writ Jurisdiction Case No.7980 of 2026
                 ======================================================
                 Ajay Kumar @ Ajay Kumar Chaurashiya S/o Jay Prakash Chaurashiya,
                 Resident of village- Hari Nagar, P.S. - Gogri, District- Khagaria, Bihar.

                                                                              ... ... Petitioner
                                                   Versus
           1.    The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna.
           2.    The Additional Chief Secretary Department of Land Reforms and Revenue
                 Govt. of Bihar, Patna.
           3.    The Director Land Records and Measurement, Directorate Gulzarbagh,
                 Patna.
           4.    The District Magistrate-Cum-District Collector Khagaria, District- Khagaria,
                 Bihar.
           5.    The District Settlement Officer, Khagaria, District- Khagaria, Bihar.
           6.    The Additional Collector Revenue, Khagaria, District- Khagaria, Bihar.
           7.    The Sub-Divisional Officer Gogri, Sub-Division-Gogri, District- Khagaria,
                 Bihar.
           8.    The Deputy Collector Land Reforms and Revenue Gogri, Sub-Division-
                 Gogri, District- Khagaria, Bihar.
           9.    The Circle Officer Gogri, Anchal- Gogri, District- Khagaria, Bihar.

                                                           ... ... Respondents
                 ======================================================
                 Appearance :
                 For the Petitioner    :       Mr. Pramod Kumar Thakur
                 For the State         :       Mr. Madhaw Pd. Yadav, GP-23
                                               Mr. Arvind Kumar, AC to GP-23
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RANA VIKRAM SINGH
                                       ORAL ORDER

2   01-07-2026             Heard learned counsel for the respective parties.

                           2. The land in question upon which the petitioner

                   claiming his raiyati right, has approached this Court for a

                   direction to the respondent authorities to declare his possession

                   over the land as raiyati land in the ongoing survey for which the

                   petitioner has filed representation dated 12.09.2024, 18.09.2024

                   and 19.09.2024 to various respondents. Learned counsel also
Patna High Court CWJC No.7980 of 2026(2) dt.01-07-2026
                                            2/3




          claims that the petitioner is in possession of the documents by

          which he can prove his right to possess those lands.

                  3. This Court sitting in the writ jurisdiction cannot issue

          such kind of direction to declare the land upon which the

          petitioner claims his right as his raiyati land. However, the

          petitioner may file fresh representation before the competent

          authority, enclosing therewith all relevant documents showing

          his right and title over the piece of land upon which he is

          claiming his possession and title that those land may be declared

          raiyati land.

                  4. Learned counsel for the petitioner submits at this stage

          that petitioner may be allowed two weeks time to file fresh

          representation enclosing therewith all supporting and relevant

          documents through which he could prove his right and

          possession over those lands.

                  5.    The      respondents,        may   consider   the   fresh

          representations of the petitioner and examine all those

          documents appended thereto and if they come to conclusion

          that petitioner has any kind of legal right to possess his land

          only then the respondents may pass appropriate orders in

          accordance with law.

                  6. In this view, the petitioner is allowed three weeks time
            Patna High Court CWJC No.7980 of 2026(2) dt.01-07-2026
                                                        3/3




                      to file fresh representation and the respondent authorities will

                      consider the same in the manner as directed hereinabove within

                      a period of six weeks thereafter and shall pass necessary orders

                      positively determining the rights of the petitioner.

                              7. With the above directions, the writ application is

                      disposed off.

                              8. All pending interlocutory application(s), if any, stand/s

                      disposed off.



                                              (Rana Vikram Singh, J)
Smriti/
Supratim-

U


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