Patna High Court
Akhil Bhartiya Kisan Majdoor SabhaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
Holding
The Court directed the Collector to ascertain the existence of a confirmed Danpatra and any unlawful possession and to take steps under Section 22 of the Bihar Bhoodan Yagna Act, 1954, while disposing of the writ petition.
Summary
The Akhil Bhartiya Kisan Majdoor Sabha filed a writ petition seeking the removal of illegal encroachments on land vested in the Bihar Bhoodan Yagna Committee, a comprehensive survey and demarcation of such lands, and a time‑bound redistribution plan. The petitioner relied on various provisions of the Bihar Bhoodan Yagna Act, 1954, particularly Section 22 which empowers a Revenue Officer to eject unlawful possessors of confirmed Bhoodan land. The respondents, including the State and the Bhoodan Committee, contended that the land records did not reflect the Committee’s title and that procedural issues existed. The Court examined the affidavits and the statutory scheme, concluding that the Collector, as the Revenue Officer, must first determine whether a Bhoodan Danpatra has been confirmed for the land and whether unlawful possession exists, and then act under Section 22. The Court disposed of the petition, directing the petitioner to file certified copies of the relevant documents and ordering the Collector to take appropriate action within a stipulated time, without expressing any view on the merits.
Issues considered
- Whether the Collector, as Revenue Officer under the Bihar Bhoodan Yagna Act, 1954, is duty‑bound to investigate and order ejectment of unlawful possessors of land vested in the Bhoodan Yagna Committee.
- Whether a Bhoodan Yagna Danpatra for the disputed land has been confirmed under Section 11 of the Act.
- Whether the petitioner is entitled to a direction for a comprehensive survey, demarcation and redistribution of Bhoodan land.
Subjects
- Bhoodan land
- encroachment
- ejectment
- Revenue Officer
- land reform
- survey and demarcation
- illegal possession
- Section 22
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.8184 of 2025
======================================================
Akhil Bhartiya Kisan Majdoor Sabha through its Secretary namely Ayodhya
Ram, male, aged about 67 yrs, son of Late Ghurbigan Ram, resident of Pipra
Mardan Raj Ke, Pipra, P.S. - Sasaram, Distt. Rohtas, the district Secretary of
Rohtas District Committee Nayka Gaon, G.T. Road, Sasaram.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Patna.
2. The Principal Secretary, Revenue and Land Reforms Department,
Government of Bihar, Patna.
3. The District Magistrate-Cum-Collector, Rohtas at Sasaram.
4. The Superintendent of Police Rohtas at Sasaram.
5. Bihar Bhoodan Yagna Committee through its Chairman New Punaichak
Patna 23.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Basant Kumar Chaudhary, Sr. Advocate
Mr. Arvind Kumar, Advocate
For the State : Mr. P.K. Shahi, Advocate General
For the R. No. 5 : Mr. Rajni Kant Singh, Advocate
Mr. Sandeep Kumar, Advocate
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE)
Date : 10-04-2026
The writ petition has been filed by the petitioner-Akhil
Bhartiya Kisan Majdoor Sabha through its Secretary seeking
inter alia for a direction to the respondents to take immediate
steps to remove encroachment from the land belonging to
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Bhoodan Yagna Committee and further to prevent illegal
encroachment and also issue direction to the respondents to
conduct comprehensive survey and demarcate all lands under
Bhoodan Yagna Committee in the State of Bihar and take
necessary legal steps against the encroachers and further to
frame and implement a time bound action plan for redistribution
of Bhoodan Land to eligible beneficiaries in accordance with
the original purpose of Bhoodan Yagna Movement.
2. Mr. Basant Kumar Chaudhary, learned Senior
Counsel for the petitioner has placed reliance on different
provisions of Bihar Bhoodan Yagna Act, 1954 (hereafter
referred to as the ‘1954 Act’).
3. Section 2 (b) of the 1954 Act defines "Committee"
means a Committee established under Section 3 of 1954 Act.
Section 2(f) of the Act defines “Revenue Officer” and it states
that Collector, Additional Collector, Sub-divisional Officer,
Additional Sub-divisional Officer or any officer not below the
rank of Sub-Deputy Collector appointed by the State
Government to discharge all or any of the function of the
Revenue Officer under the Act. Section 13 of the 1954 Act
states about vesting of lands in the Bhoodan Yagna Committee,
wherein, it is stated that the right, title and interest of the donor
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in any land donated to Shri Acharya Vinoba Bhave or to the
Bhoodan Yagna Committee shall, on confirmation of the
Bhoodan Yagna Danpatra in respect of that land, would stand
transferred to, and vest in, the Committee for the purpose of the
Bhoodan Yagna with effect from the date of the donation and
the land vested in the Committee shall not be liable to
attachment or sale in execution of any decree or order passed by
the Civil Court against the Bhoodan Yagna Committee. Section
14 of the 1954 Act deals with ‘grant of land to the landless
persons’, wherein, it is stated inter alia that the Committee or
such other authority or person, as the Committee may specify,
either generally or in respect of any local area; in the prescribed
manner may grant lands which have vested in the Committee to
landless persons or to a village Community, Gram Panchayat, or
a Co-operative Society organized by the Committee and the
grantee of the land shall acquire the same right, title and interest
as the donor had in such land. Section 14A deals with
‘protection to the grantee of Bhoodan Land from ejectment’.
Section 16 deals with ‘settlement of donated land prior to
distribution. Section 21 states about ‘determination of grant and
ejectment of grantee from the land’.
4. The most important section according to the learned
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Senior Counsel appearing for the petitioner is, Section 22 of the
1954 Act, which deals with ‘ejectment of persons in unlawful
possession of lands’ which states that if any person who takes
possession, otherwise than in accordance with law, of any land
in respect of which Bhoodan Yagna Danpatra has been
previously confirmed under Section 11, may be ejected from
such land by the Revenue Officer, suo moto on his own
information or an application by the Committee and the proviso
to Section 22 states that nothing in this section shall apply to a
person who has instituted a civil suit to set aside the order of the
Revenue Officer under Section 11 or Section 15 and has secured
orders in the suit staying the ejectment.
5. The learned Senior Counsel has placed reliance on
the supplementary counter affidavit filed on behalf of
respondent no. 5 (Bihar Bhoodan Yagna Committee), wherein,
in paragraph no. 5, it is stated as follows:-
“5. That it is stated that from perusal of the
record made available by the District Bhoodan Office,
Rohtas, vide letter no. 17, dated 29.05.2025, it appears
that the land in question pertaining to Thana no. 275,
C.S. Khata no. 73, C.S. kheshra no. 1199, area 62 acres
and 50 decimals situated in mauja Tilauthu of Rohtas
District was donated by one Sri Radha Prasad Singh,
son of Late Devnarayan Singh to Bhoodan Committee
on 07.05.1954 and the said donation was confirmed
vide Confirmation case no. 695, dated 06.11.1957. It is
further stated that out of the said 62 acres and 50
decimals of donated land, 18 acres 25 decimals of land
pertaining to khata no. 73(old)/498(new), khesra no.
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1199(old)/3258(new) was settled to one Baba Hanuman
Das, Chela of Sri Sri 108 Banwari Dev Swami vide
certificate no. 62518 dated 23.10.1969.”
6. The learned Senior Counsel has further placed
reliance on the counter affidavit dated 02.12.2025 filed on
behalf of respondent no. 5, wherein it is indicated that vide
memo no. 626 dated 20.07.2018 issued by the Revenue and
Land Reforms Department, Bihar, under the signature of Special
Secretary to the Government, a notification came out holding
that vide resolution no. 911(7) dated 02.11.2017 of Revenue and
Land Reforms, a Bhoodan Land Distribution Enquiry
Commission was constituted and vide notification no. 473 (7)
RA dated 05.06.2018, it has been notified in the Bhoodan Land
Distribution Enquiry Commission, Bihar
Constitution/Management and Service Commission Act, 2018.
It is further stated that in exercise of the power vested under
1954 Act by virtue of Section 9, the Bhoodan Yagna Committee
stood resolved, till receipt of the recommendation of the Inquiry
Commission and the duty, power and work of the Committee
stood vested with the Board of Revenue, Bihar, Patna.
It is the contention of the learned Senior Counsel that in
view of the counter affidavit dated 11.02.2026 filed on behalf of
the respondent no. 5, the donation in respect of land in question
has been confirmed in the Confirmation Case. Since there has
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been unlawful possession over such land, it is the duty of the
Collector who is the Revenue Officer under 1954 Act to take
steps for ejectment of such persons who are in unlawful
possession of the land but the Collector has not taken any steps
in the matter despite the representation being filed by the
petitioner.
Counter affidavit has been filed on behalf of respondent
no. 3, District Magistrate-cum-Collector, Rohtas at Sasaram by
the Circle Officer, Tilouthu, wherein, it is stated as follows:-
“5. That with regard to averments contained in
Para-1 of the writ petition, it is humbly submitted that the
petitioner is not entitled for the reliefs claimed for
because as per Revisional Survey the Khatiyan of
disputed land is recorded in the name of various Raiyats
and has not been recorded in Khata No 952, Raiyat Name
Bihar Bhoodan Yagna Committee.
xx xx xx
8. That the averments contained in para-5 and 6
of the writ petition it is humbly submitted that on 30.06
2024 dispute regarding the said land raised when some
people tried to take possession of the land and later tried
to block the road NH-2C. Hence a case was also
registered in Tilouthu P.S case no. 181/2024, dated
30.06.2024.
9. That it is further submitted that later the
opposite parties (current possessor of land) were asked to
produce documents regarding the said land. They
submitted letter no 13 dated 11.03.2015 given by District
Bhoodan Yagna Office, Rohtas in which detailed copy of
lands donated by late Radha Prasad Sinha and their family
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is attached. This Daanpatra is not approved and the details
of the Mauja are not mentioned and the details will be
sent later. After searching the file-mentioned on the above
Daanpatra details related to the land have been given by
Bipin Bihari Sinha son of Late Radha Babu in the year
1994, in which donation of area 62 acre 50 decimal in
Mouza Tilouthu Arazi, Thana No.-275 is mentioned.
xx xx xx
11. That further it is humbly submitted that the
letters from District Bhodaan Yagna office Rohtas dated
11.03.2015 and 16.11.2024 were found conflicting, hence
Letter no. 13 dated 11.03.2015 was verified from District
Bhodaan Yagna office Rohtas. In letter no 13 dated
11.03.2015 by District Bhudan Yagna Office, Rohtas the
detailed copy of lands donated by late Radha Prasad
Sinha and their family is attached. In Maujawar
Daanpatra Suchi it is written that "This Daanpatra is not
approved and the details of the Mauja are not mentioned
and the details will be sent later. After searching the file-
mentioned on the above Daanpatra details related to the
land have been given by Bipin Bihari Sinha son of Late
Radha Babu in the year 1994, in which donation of area
62 acre 50 dismil in mouza Tilouthu Arazi, Thana No.-
275 is mentioned." The verification was given by the
District Bhodaan Yagna office Rohtas vide Letter no. 65
dated 03.01.2026.
12. That further it is humbly submitted that Shri
Shailendra Kumar, Karyalay Mantri, District Bhoodan
Yagna Office, Rohtas filed Bhoodan Bhoomi Sampushti
Case No. 01 of 2015-16 in Court of Deputy Collector of
Land Reforms Dehri under Section 11(4) of Bihar
Bhoodan Yagna Act which was dismissed after proper
hearing on 24.08.2017.”
7. After hearing the submission made by learned Sr.
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Counsel for the petitioner, learned counsel for the State and
going through the averments made in the writ petition, counter
affidavits filed by the parties and also different provisions of
1954 Act, we are of the humble view that the respondent no. 3
as the Revenue Officer under 1954 Act, is required to look into
the matter as to whether there has been Bhoodan Yagna
Danpatra in respect of land in question, which has been
confirmed under Section 11 of the said Act and whether there is
any unlawful possession over the land as stated in the writ
petition and then to take steps under section 22 of the 1954 Act,
in accordance with law.
8. We dispose of the petition giving liberty to the
petitioner to produce the certified copies of writ petition along
with the counter affidavits filed before this Court by respondent
no. 5, dated 04.12.2025; counter affidavit filed on behalf of
respondent no. 4, dated 19.12.2025; counter affidavit filed on
behalf of respondent no 3 dated 12.01.2026; supplementary
counter affidavit filed on behalf of respondent no. 5, dated
12.02.2026; rejoinder to the counter affidavit filed on behalf of
respondent no. 3, dated 19.03.2026 along with a copy of the
order passed today before the respondent no. 3, within a period
of four weeks from today and the respondent no. 3 on the
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receipt of the same, shall do the needful, hearing the parties
concerned after issuing notices to them, and to pass final order
in accordance with law preferably within a period of six months
from the date of appearance of all the parties. It is made clear
that this Court has not expressed any opinion on the merits of
the case.
9. An interlocutory application has been filed by one
Madhukar Sinha for intervention in this case. If any such
application is presented before the respondent no. 3, appropriate
order regarding his intervention will be passed by the
respondent no. 3 in accordance with law.
10. With the aforesaid observation and direction, the
writ petition stands disposed of.
(Sangam Kumar Sahoo, CJ)
(Harish Kumar, J)
ranjan./-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 15.04.2026
Transmission Date NA
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