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Patna High Court

Gourab KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

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
                                            2/3




          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
                                                       3/3




                     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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