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Patna High Court

Vindi SadaversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The High Court declined to interfere with the Collector’s order and disposed of the writ petition, directing the Bihar Land Tribunal to determine the matter within six months.

Summary

Petitioner Vindi Sada filed a writ petition seeking to quash the Collector’s order dated 04-02-2025 that cancelled the Basgit Parcha issued in his favour for land in Simrahi, Supaul. The petitioner argued that the cancellation was illegal and sought relief from the High Court. The Court observed that the petitioner has an alternative remedy before the Bihar Land Tribunal and therefore was not inclined to interfere directly with the Collector’s order. It directed the Tribunal to decide the issue, including the question of limitation, within six months. Consequently, the writ petition was disposed of without granting any substantive relief.

Issues considered

  • Whether the High Court can quash the Collector’s order cancelling the Basgit Parcha.
  • Whether the existence of an alternative remedy before the Bihar Land Tribunal bars the writ petition.
  • Whether the limitation period applies to the petitioner's claim.

Subjects

  • Land revenue
  • Basgit
  • Cancellation of land record
  • Writ petition
  • Limitation
  • Bihar Land Tribunal

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.8197 of 2026
                 ======================================================
                 Vindi Sada Son of late Darogi Sada, Resident of ward no.- 08, Simrahi Bazar,
                 P.S.- Raghopur, District- Supaul.

                                                                                  ... ... Petitioner/s
                                                     Versus

           1.    The State of Bihar through the Additional Chief Secretary Department of
                 Revenue and Land Reform, Bihar, Patna.
           2.    The Additional Chief Secretary Department of Revenue and Land Reform,
                 Bihar, Patna.
           3.    The District Magistrate cum Collector, Supaul.
           4.    The Circle Officer, Raghopur, Supaul.
           5.    Mamta Jaiswal, Wife of Pradip Kumar Jaiswal, Resident of Village- Simrahi,
                 P.S.- Raghopur, District- Supaul.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :        Mr. Alexander Ashok, Advocate
                 For the State          :        Mr. Satya Vrat, A.C. to G.P-10
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR
                                       ORAL ORDER

2   24-06-2026                   Heard Sri Alexander Ashok, learned counsel for the

                   petitioner and Sri Satya Vrat, learned counsel for the State.

                                 2. The present writ petition has been filed with the

                   following prayers:

                                                      “That this application is being
                                            filed to quash and set aside the order dated
                                            04-02-2025 passed in Basgit Revision case
                                            no. 07/2024 by learned Collector, Supaul
                                            whereby and where under the Basgit Parcha
                                            issued in favour of petitioner vide Basgit
                                            Case no. 22/1995-96 for land appertaining
                                            to khata no. 148, plot no. 1066, area-7
          Patna High Court CWJC No.8197 of 2026(2) dt.24-06-2026
                                                      2/2




                                            decimals situated at mauja- Simrahi, circle-
                                            Raghopur,       District-    Supaul   had   been
                                            cancelled.”
                                3. In view of the alternative remedy available to the

                    petitioner before Bihar Land Tribunal, Patna, I am not inclined

                    to interfere with the present writ petition.

                                4. The present writ petition is disposed of, with a

                    direction to the Tribunal to decide the issue within a period of

                    six months.

                                5. Issue of limitation shall be consider by the

                    Tribunal, in view of the fact that the petitioner has approached

                    Hon’ble Patna High Court for redressal of his grievances.



                                                                   (Alok Kumar, J)
    Bipin/-

U


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