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Patna High Court

Ramchandra ChoudharyversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court directed the petitioner to file a fresh representation before the appropriate authority for enquiry and measurement of the land, after which the authority shall pass necessary orders, and disposed the writ application.

Summary

The petitioner, Ramchandra Choudhary, claimed ownership of his Raiyati land and alleged that private respondent No. 7 had forcefully dispossessed him. He complained that the State authorities – the State of Bihar, District Magistrate, Additional Collector, Deputy Collector of Land Reform, Sub‑Divisional Officer and Circle Officer – had failed to act on his repeated requests. The respondent side argued that the matter was a private dispute and the State could not pass any order on the title. The Court held that the grievance could be redressed only by the petitioner filing a fresh representation before the appropriate authority, which must conduct an enquiry, measure the land and, after the petitioner deposits the cost, pass orders in accordance with law. Accordingly, the writ application was disposed with the direction to approach the authority, and any interlocutory applications were also disposed.

Issues considered

  • Whether the High Court can intervene in a private land dispute involving Raiyati land and order the State to pass a title order
  • Whether the State authorities are liable to pass orders when a private party allegedly dispossesses the petitioner

Subjects

  • Raiyati land
  • land ownership
  • private dispute
  • state liability
  • writ petition
  • land dispossession

Judgment

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                  Civil Writ Jurisdiction Case No.8764 of 2022
     ======================================================
     Ramchandra Choudhary, Son of Late Gunjan Chaoudhary @ Guju
     Chaoudhary, Residence of Village- Panchamahala, P.S.- Mokama, District-
     Patna.

                                                             ... ... Petitioner/s
                                        Versus
1.   The State of Bihar.
2.   The District Magistrate-cum-Collector, Patna.
3.   The Additional Collector, Patna.
4.   The Deputy Collector of Land Reform (DCLR), Patna.
5.   The Sub-Divisional Officer, Barh, Patna.
6.   The Circle Officer, Mokama, Patna.
7.   Bipin Singh, Son of Birju Singh, Residence of Village- Sikharicak, P.S.-
     Mokama, District- Patna.

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s   :      Ms. Mukul Kumari, Adv.
     For the Respondent/s   :      Mr. AC to AAG-12
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
     ORAL JUDGMENT
     Date : 10-04-2026

                      Heard the learned counsel for the parties.

                      2. The learned counsel for the petitioner, at the

      outset, submits that his rightful ownership over his Raiyati

      land is being disturbed by the private respondent No. 7 and

      despite repeated requests in this regard to the authorities

      concerned, they are not adhering to his request.

                      3. The learned AC to AAG-12 submits that it is a

      private dispute between the parties and as such the State is not

      in a position to pass any order(s), holding the title of the
                    Patna High Court CWJC No.8764 of 2022 dt.10-04-2026
                                                               2/2




                             petitioner over the said land.

                                             4. The learned counsel for the petitioner submits

                             that the grievances of the petitioner can be redressed if the writ

                             petition is disposed of with a liberty to him to approach the

                             appropriate authority, raising his grievances, especially with

                             respect to the forceful dispossession from the land of the

                             petitioner.

                                             5. In view of such submission, the petitioner is

                             directed to file a fresh representation before the appropriate

                             authority, detailing his grievances, who, after conducting an

                             enquiry and measurements of the land, as per the provision,

                             and upon depositing of cost by the petitioner, shall pass

                             necessary orders in accordance with law within a reasonable

                             period of time.

                                             6. With the aforesaid observation/direction, the

                             application stands disposed of.

                                             7. Interlocutory application(s), if any, also stands

                             disposed of accordingly.



                                                      (Sourendra Pandey, J)
Praveen-II/-

AFR/NAFR                       NAFR
CAV DATE                       N/A
Uploading Date                 10.04.2026
Transmission Date              N/A


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