Patna High Court
Gourab KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RANA VIKRAM SINGH
Holding
The Court held that it cannot declare the land as raiyati land and directed the petitioner to make a fresh representation before the competent authority with supporting documents.
Summary
The petitioner, Gourab Kumar, filed a writ petition seeking a court order directing the State authorities to declare his possession of a parcel of land as raiyati land during an ongoing survey. He submitted representations dated September 2024 to the respondents, claiming to possess documents proving his right. The High Court held that it lacks jurisdiction to issue such a declaration and directed the petitioner to file a fresh representation before the competent authority, attaching all relevant documents. The Court granted the petitioner three weeks to file the representation and instructed the respondents to consider it and pass appropriate orders within six weeks. Consequently, the writ application was disposed of without granting the relief sought.
Issues considered
- Can the High Court, in writ jurisdiction, direct the declaration of land as raiyati land during an ongoing survey?
- Is the petitioner entitled to relief ordering the respondents to recognize his possession as raiyati land?
Subjects
- raiayati land
- land reform
- writ jurisdiction
- representation
- possession
- survey
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.8573 of 2026
======================================================
Gourab Kumar S/o Kuldip Mandal, Resident of Village- Hari Nagar, P.S-
Maheshkhunt, District- Khagaria.
... ... Petitioner/s
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, Anchal- 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, P.S-Gogri, District- Khagaria,
Bihar.
======================================================
Appearance :
For the Petitioner : Mr. Pramod Kumar Thakur, Advocate
Mr. Deep Raj, Advocate
For the Respondents : Ms. Kumari Anita, G.P.3
Mr. Rajesh Kumar, A.C. to G.P. 3
======================================================
CORAM: HONOURABLE MR. JUSTICE RANA VIKRAM SINGH
ORAL ORDER
2 29-06-2026 1. Heard learned counsel for the petitioner and the State.
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
Patna High Court CWJC No.8573 of 2026(2) dt.29-06-2026
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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
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
Patna High Court CWJC No.8573 of 2026(2) dt.29-06-2026
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only then the respondents may pass appropriate orders in
accordance with law.
6. In this view, the petitioner is allowed three weeks time
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/prakash-
U
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