Patna High Court
Nand Kumar Prasad @ Nand Kumar SahversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RANA VIKRAM SINGH
Holding
The Court held that the petitioner must first avail the alternative remedy under Section 9 of the Bihar Land Tribunal Act, 2009, and therefore dismissed the writ application, granting liberty to approach the Tribunal and condoning any limitation.
Summary
Nand Kumar Prasad filed a writ petition challenging an order dated 11‑05‑2026 passed by the Collector‑Cum‑District Magistrate of East Champaran. The petitioner argued that the order could be contested under Section 9 of the Bihar Land Tribunal Act, 2009, and sought to withdraw the writ. The State agreed, contending that the appropriate forum was the Bihar Land Tribunal, Patna. The High Court disposed of the writ application, directing the petitioner to approach the Tribunal within three weeks, condoning any limitation period, and allowing an interlocutory application for a stay of the order. The Court also secured an assurance that no coercive action would be taken against the petitioner pending the Tribunal’s decision.
Issues considered
- Whether a writ petition is maintainable when an alternative statutory remedy under Section 9 of the Bihar Land Tribunal Act, 2009 is available.
- Whether the Court can condone the limitation period for filing an appeal before the Bihar Land Tribunal.
Legislation cited
Subjects
- writ jurisdiction
- alternative remedy
- Bihar Land Tribunal Act
- Section 9
- limitation condonation
- stay order
- land reform
- eviction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.9852 of 2026
======================================================
Nand Kumar Prasad @ Nand Kumar Sah, Son of Late Mahanth Sah, Resident
of village- Narkatiya, P.S.- Darpa, District- East Champaran.
... ... Petitioner/s
Versus
1. The State of Bihar through the Secretary, Revenue and Land Reforms
Department, Govt. of Bihar, Patna.
2. The Commissioner, Tirhut Division, Muzaffarpur.
3. The District Magistrate-cum-Collector, East Champaran at Motihari.
4. The Additional Collector, East Champaran at Motihari.
5. The Sub-divisional Officer, Raxaul, East Champaran.
6. The Deputy Land Reform Officer, Raxaul, East Champaran.
7. The Circle Officer, Chhauradano, East Champaran.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Prateek Tandon, Adv.
For the State : Mr. Bipin Kumar, A.C. to S.C.-3
======================================================
CORAM: HONOURABLE MR. JUSTICE RANA VIKRAM SINGH
ORAL JUDGMENT
Date : 07-07-2026
Heard the learned counsel for the parties.
2. At the very outset, learned counsel for the
petitioner, without going into the merits of the case and
without even assailing any part of the order dated 11.05.2026,
passed by the Collector-Cum-District Magistrate, East
Champaran at Motihari (respondent No. 3) in Bandobasti
Patna High Court CWJC No.9852 of 2026 dt.07-07-2026
2/3
Cancellation Appeal No. 83/2024-25, prays for withdrawal of
the present writ application, in view of the efficacious
alternative remedy as provided under Section 9 of the Bihar
Land Tribunal Act, 2009 (in short the Act of 2009) where the
petitioner could prefer an appeal against the said order.
3. Learned counsel for the State also supports
such contention made on behalf of the petitioner and submits
that the petitioner should have approached the Bihar Land
Tribunal, Patna (in short the B.L.T., Patna) earlier, instead of
coming to this Court under writ jurisdiction.
4. In view of the above, this writ application is
disposed off with a liberty to the petitioner to approach the
appropriate forum, i.e., B.L.T., Patna in terms of the statutory
provisions as contained in Section 9 of the Act of 2009 and if
such an appeal/application is filed within a period of three
weeks henceforth, the same shall be accepted, condoning the
period of limitation, if any, as the petitioner has already
approached this Court under writ jurisdiction and has pursued
his remedy before this Court.
5. The petitioner is also granted a liberty to file an
interlocutory application seeking an interim relief of staying
the operation of the order dated 11.05.2026, referred to above,
Patna High Court CWJC No.9852 of 2026 dt.07-07-2026
3/3
which shall be heard and disposed off by the B.L.T., Patna in
accordance with law, but till the disposal of the interlocutory
application, so filed on behalf of the petitioner praying for an
interim relief, no coercive action shall be taken against the
petitioner and he should not be dispossessed from his dwelling
house.
6. This order is being passed in the presence of the
learned counsel appearing on behalf of the State, Mr. Bipin
Kumar, learned A.C. to S.C.-3. Mr. Kumar gives an assurance
to this Court that till disposal of the interlocutory application,
so filed by the petitioner before the B.L.T., Patna, no coercive
action shall be taken against him.
7. With the aforesaid liberty, the writ application
stands disposed off.
8. Interlocutory application(s), if any, also stands
disposed off accordingly.
(Rana Vikram Singh, J)
Praveen-II/-
AFR/NAFR NAFR
CAV DATE N/A
Uploading Date 07.07.2026
Transmission Date N/A
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