Patna High Court
Ramanuj Singh @ R.N. SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RANA VIKRAM SINGH
Holding
The Court held that it cannot issue such a direction in writ jurisdiction but allowed the petitioner to file fresh representation for the authorities to consider.
Summary
Petitioner Ramanuj Singh claimed raiyati rights over a parcel of land and sought a writ directing the State authorities to declare his possession as raiyati land, having filed representations on 12, 18 and 19 September 2024. The High Court held that, in writ jurisdiction, it cannot issue a direction to declare the land as raiyati. Instead, the Court permitted the petitioner to file a fresh representation, attaching all documents proving his title, and directed the respondent authorities to consider the representation and pass orders if a legal right is established. The petitioner was given three weeks to file the fresh representation and the respondents six weeks to decide. The writ application was consequently disposed of.
Issues considered
- Whether the High Court, exercising writ jurisdiction, can direct the declaration of land as raiyati land in favor of the petitioner.
Subjects
- rai yati land
- writ jurisdiction
- land reforms
- possession
- representation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.8576 of 2026
======================================================
Ramanuj Singh @ R.N. Singh S/o Vibhishan Singh, Resident of Village-
Ramnagar Telihar, ward no. 4, P.S- Beldaur, 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 Khagaria Sadar, District- Khagaria, Bihar.
8. The Deputy Collector Land Reforms and Revenue Khagaria Sadar, District-
Khagaria, Bihar.
9. The Circle Officer Khagaria Sadar, District-Khagaria, Bihar.
10. The Circle Officer, Beldaur, Anchal- Beldaur, District- Khagaria, Bihar.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pramod Kumar Thakur, Advocate
For the Respondent/s : Mr. Government Advocate 5
======================================================
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
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.8576 of 2026(2) dt.29-06-2026
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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.8576 of 2026(2) dt.29-06-2026
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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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