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Patna High Court

Rambabu SinghversusThe State Of Bihar and Ors

Decided
Disposal
DISPOSED

Holding

The court disposed of the writ petition without adjudicating the merits, granting the petitioner liberty to approach the revenue authority.

Summary

The petitioner, Rambabu Singh, filed a writ petition seeking a mandamus directing the respondents to set aside several orders dated in early 2003 issued by the Circle Officer, Bathanaha, which recorded (bandobasti) a 0.08 decimal portion of land (Khata No. 1575, Plot No. 99) in favor of private respondents Upendra Rai and Kailash Rai, claiming the land belongs to the Bihar Government. The petitioner alleged that the private respondents were not landless and that the bandobasti was illegal. The court, after hearing counsel for both sides, did not address the substantive merits of the land dispute. Instead, it granted the petitioner liberty to approach the appropriate revenue authority to raise his points. Consequently, the writ petition was disposed of without any substantive order on the merits.

Issues considered

  • What is the appropriate remedy for challenging the Circle Officer's bandobasti orders?
  • Whether the petitioner is entitled to a writ of mandamus to set aside the revenue orders?
  • Whether the court should intervene in the substantive land ownership dispute at this stage?

Subjects

  • land reform
  • bandobasti
  • mandamus
  • revenue law
  • property rights
  • writ jurisdiction

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Civil Writ Jurisdiction Case No.9366 of 2018
                 ======================================================
                 Rambabu Singh Son of Ramautar Singh, Resident of Village- Godhiya, Ward
                 No. 1, P.S.- Bathanaha, District- Sitamarhi.
                                                                           ... ... Petitioner/s
                                                      Versus
           1.     The State Of Bihar
           2.    The Collector-cum-District Magistrate, Sitamarhi.
           3.    The Additional Collector, Sitamarhi.
           4.    The D.C.L.R., Land Reform, Sitamarhi Sadar.
           5.    The Block Development officer, Bathanaha.
           6.    The Circle Officer, Bathnaha.
           7.    The Halka Karmchari, Gram Panchayat Raj Harpur Bhalha, Bathnaha.
           8.    Mukhiya, Panchayat Raj Harpur, Bhalha Bathnaha.
           9.    Upendra Rai, Son of Chandeshwar Rai, residence of Village Harpur Bhalaha
                 Tola Godhiya, Distt.- Sitamarhi.
           10. Kailash Rai, son of Chandeshwar Rai, residence of Village Harpur Bhalaha
                Tola Godhiya, Distt.- Sitamarhi.
                                                                      ... ... Respondent/s
               ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Devendra Kumar, Advocate
                 For the State            :      Mr. Dhurjati Kumar Prasad, GP-14
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

3   16-02-2026                     Heard Mr. Devendra Kumar, learned counsel for the

                   petitioner and Mr. Dhurjati Kumar Prasad, learned GP-14

                   representing the State.

                                 2. The present petition has been preferred for the

                   grant of following relief(s):

                                                 “for issuance of writ in nature of

                                        mandamus and directing and commanding the

                                        respondent authorities for setting aside order

                                        dated 21.01.2003 and 13.02.2003, 13.03.2003

                                        and   25.03.2003      respectively      passed     by
            Patna High Court CWJC No.9366 of 2018(3) dt.16-02-2026
                                                        2/2




                                         consequential        order   by      Circle   Officer,

                                         Bathanaha in Bandobasti Case No. 4/2003-04

                                         whereby      and     where   under     mentioned   in

                                         appertaining Khata No. 1575 Plot No. 99 are

                                         0.08 dec. which is Bihar Sarkar. Justi beside

                                         north the side. The petitioner lived at their

                                         residential house. The private respondents have

                                         also make house thereon infront of Bihar Sarkar

                                         land appertaining Khata No. 1575 Plot No. 99

                                         and illegally Bandobasti in favour of Upen

                                         Upendra Rai son of Chandeshwar Rai and

                                         Kailash Rai son of Chandeshwar Rai.”


                                  3. After some arguments, learned counsel for the

                      petitioner shall be taking all the points before appropriate

                      revenue authority to show that the respondents are also not

                      landless person.

                                  4. Granting said liberty and without commenting on

                      the merit of the case, the writ petition is disposed of.



                                                    (Rajiv Roy, J)
vinayak/-

U


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