Created by Fuzzy Cloud

Patna High Court

Ganeshi RishidevversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court disposed the writ petition, directing the petitioner to approach the Collector with a proper petition and proof of bonafide landlessness, and did not grant the mandamus.

Summary

The petitioner, Ganeshi Rishidev, claimed possession of two plots of land in Purnea district for which he had been issued a red card/parwana under the Bihar Land Reforms Act. The respondents, representing the State, had declared the same land surplus and acquired it under section 15(i) of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961. The petitioner sought a mandamus to restrain any obstruction of his possession and, alternatively, a fresh red card for other surplus plots. The court observed that the petitioner must first file a proper petition before the District Collector, demonstrating that he is a bonafide landless person, within eight weeks. The court directed the Collector to decide the matter after hearing the parties and reviewing the revenue report. Consequently, the writ petition was disposed without granting the reliefs sought.

Issues considered

  • Whether the petitioner is entitled to retain the land declared surplus under the Bihar Land Reforms Act
  • Whether a mandamus can be issued to restrain obstruction of the petitioner's possession
  • Whether the petitioner qualifies as a bonafide landless person for allocation of alternative surplus land

Legislation cited

Subjects

  • land ceiling
  • surplus land
  • mandamus
  • red card
  • parwana
  • bonafide landless
  • writ jurisdiction
  • Bihar land reforms

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.8925 of 2019
                 ======================================================
                 Ganeshi Rishidev Son of Late Soman Rishidev, resident of Village- Patraha
                 Dihtola, P.O- Malidiha, P.S.- Barhara Kothi, District- Purnea.

                                                                          ... ... Petitioner/s
                                                   Versus
           1.    The State of Bihar through the Principal Secretary Department of Revenue
                 and Land Reforms, Bihar, Patna.
           2.    The District Collector, Purnea.
           3.    The Additional Collector, Purnea.
           4.    The Sub-Divisional Officer, Purnea, District- Purnea.
           5.    The Deputy Collector, Land Reforms, Sadar Purnea, District- Purnea.
           6.    The Anchal Adhikari, Barhara Kothi, P.S.- Barhara Kothi, District- Purnea.
           7.    Shri Ram Kishore Singh, Son of Late Basudeo Singh, resident of Village
                 Malladiha, P.S.- Barhara Kothi, District- Purnea.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Yogendra Kumar, Advocate
                 For the State            :      Mr. Rishi Raj Sinha, SC-19
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

4   06-01-2026                    Heard the parties.

                                 2. The present petition has been preferred for the

                   grant of following relief(s):

                                                   “(a)            a            mandamus

                                        commanding/restraining the respondents from

                                        not   creating    any    obstruction/disturbances

                                        regarding physical cultivating possession of the

                                        petitioner over the land situated at Mauza

                                        Pathraha, Thana no.174, Khata No.43 bearing

                                        plot no. 636, 637, area 0.96 decimal under P.S.
Patna High Court CWJC No.8925 of 2019(4) dt.06-01-2026
                                            2/3




                             Bahrhar Kothi in the District of Purnea for

                             which      the       petitioner   was     granted    red

                             card/Parwana under provisions of Bihar Land

                             Reforms)      (Fixation      of   Ceiling   Area    and

                             Acquisition       of    Surplus    Land     Act,    1961

                             (hereinafter referred to the land in question) as

                             the aforesaid land besides other plots of land

                             were declared as surplus land and the same were

                             acquainted by the respondent District Collector,

                             under provision of section 15(i) of the Land

                             Ceiling Act or alternatively if the respondent

                             land holder went to retain the land in question

                             under his own allotted Ceiling Units then issue

                             direction to the respondent for issuing a fresh

                             Parwana/red card in favour of the petitioner for

                             another undisputed suitable plots of land which

                             have been declared surplus in aforesaid land

                             Ceiling Case and have been acquired by the

                             respondent District Collector u/s 15(i) of the

                             Ceiling Act but such plots have not been illegally

                             transferred by the respondent land holder to any

                             third persons.
            Patna High Court CWJC No.8925 of 2019(4) dt.06-01-2026
                                                        3/3




                                                     (b) any other writ/writs for granting

                                         any other relief(s) for which the petitioner is

                                         found entitled to in the facts and circumstances

                                         of the present case”

                                  3. Learned counsel for the petitioner submits that in

                      the changed circumstance when the landholder has retained the

                      land, he is entitled to relocation.

                                  4. Learned State counsel submits that if a proper

                      petition is preferred, the same shall be considered/disposed of.

                                  5. In that background, the writ petition is disposed of

                      allowing the petitioner to approach the Collector, Purnea in next

                      eight weeks with a proper petition and also will have to show

                      that he is a bonafide landless person.

                                  6. If such petition is preferred, after hearing the

                      parties calling the report from Revenue Authorities, the

                      Collector, Purnea shall be taking a decision at an earliest.

                                  7. The writ petition is disposed of with the aforesaid

                      observation.



                                                    (Rajiv Roy, J)
vinayak/-

U


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.