Patna High Court
Mahabir RamversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RANA VIKRAM SINGH
Holding
The High Court held that it lacks jurisdiction to decide the factual dispute and the matter must be referred to the Bihar Land Tribunal under Section 9 of the Bihar Land Tribunal Act.
Summary
The petitioners Mahabir Ram, Ramayan Ram and Motilal Prasad challenged the cancellation of a land settlement order dated 09-10-2025 issued by the Collector‑cum‑District Magistrate, Kaimur, seeking declaration of title and possession over the land. They filed a writ petition under Article 226 of the Constitution of India. The State argued that the matter falls within the exclusive jurisdiction of the Bihar Land Tribunal under Section 9 of the Bihar Land Tribunal Act. The Court observed that the petition raised a disputed question of fact requiring evidence and witness examination, which is beyond the scope of writ jurisdiction. Consequently, the Court held it lacked jurisdiction to entertain the writ and directed the petitioners to approach the Bihar Land Tribunal. The writ application was disposed with liberty to file a fresh application before the Tribunal within two weeks.
Issues considered
- Whether the High Court has jurisdiction under Article 226 to entertain a writ petition challenging a settlement cancellation that involves factual disputes.
- Whether the Bihar Land Tribunal, under Section 9 of the Bihar Land Tribunal Act, has exclusive jurisdiction over such land settlement matters.
Legislation cited
- Bihar Land Tribunal Act — s. 9
Subjects
- Article 226
- Writ jurisdiction
- Bihar Land Tribunal Act
- Exclusive jurisdiction
- Land settlement cancellation
- Factual dispute
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.9924 of 2026
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1. Mahabir Ram Son of Late Nathuni Ram, Resident of Village- Tikra Tola,
Kudra, P.S.- Kudra, District- Kaimur (Bhabua).
2. Ramayan Ram, Son of Late Lakhan Ram, Resident of Village- Tikra Tola,
Kudra, P.S.- Kudra, District- Kaimur (Bhabua).
3. Motilal Prasad, Son of Late Gilashi Ram, Resident of Village- Tikra Tola,
Kudra, P.S.- Kudra, District- Kaimur (Bhabua).
... ... Petitioner/s
Versus
1. The State of Bihar through its Additional Chief Secretary, Revenue and Land
Reforms Department, Govt. of Bihar.
2. The District Collector, District- Kaimur at Bhabua.
3. The Additional Collector, District- Kaimur at Bhabua.
4. The Deputy Collector Land Reforms, Mohania, Kaimur at Bhabua.
5. The Circle Officer, Kudra- Anchal, District- Kaimur at Bhabhua.
6. Ravindra Prasad Singh, Son of Late Narvadeshwar Singh, Resident of
Village- Jehanabad, P.S.- Kudra, District- Kaimur at Bhabua.
7. Gopal Singh, Son of Ravindra Prasad Singh, Resident of Village- Jehanabad,
P.S.- Kudra, District- Kaimur at Bhabua.
8. Rajiv Kumar Singh, Son of Ravindra Prasad Singh, Resident of Village-
Jehanabad, P.S.- Kudra, District- Kaimur at Bhabua.
9. Anand Kumar Singh, Son of Late Narvadeshwar Singh, Resident of Village-
Jehanabad, P.S.- Kudra, District- Kaimur at Bhabua.
10. Ashutosh Kumar, S/o Late Madan Mohan Singh, Resident of Village-
Jehanabad, P.S.- Kudra, District- Kaimur at Bhabua.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ramchandra Singh, Adv.
Mr. Gyanjit Kumar, Adv.
For the Respondent/s : Mr. Mujtabaul Haque, GP-12
Mr. Mr. Vasant Vikas, AC to GP-12
======================================================
CORAM: HONOURABLE MR. JUSTICE RANA VIKRAM SINGH
ORAL ORDER
2 08-07-2026 Heard learned counsel for the parties.
2. By approaching this Court under Article 226 of the
Constitution of India, the petitioner has prayed for setting aside
Patna High Court CWJC No.9924 of 2026(2) dt.08-07-2026
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the order dated 09.10.2025 passed by Collector-cum-District
Magistrate, Kaimur (Bhabhua) in Settlement Cancellation
Appeal No. 12/2025 whereby the Collector has cancelled the
settlement issued in favour of the petitioner seeking landless
persons vide Settlement Case No. 02/1988-89 with a further
prayer to declare the title and possession of the petitioners over
the said piece of land.
3. However, before going into the merits of the case,
at this stage, learned counsel appearing on behalf of the State
submits that petitioners have an efficacious and alternative
remedy by approaching the Bihar Land Tribunal in terms of
Section 9 of the Bihar Land Tribunal Act which has exclusive
jurisdiction over these kind of matters to hear and dispose of the
same.
4. Perusal of the record and averments made in the
writ application indisputably evince that the petitioner has raised
disputed question of fact which cannot be decided in writ
jurisdiction, as for deciding the same, producing and examining
the witnesses and evidence thereon is required and this Court
lacks its jurisdiction under Article 226 of the Constitution of
India for the same.
5. At this stage, learned counsel for the petitioner
Patna High Court CWJC No.9924 of 2026(2) dt.08-07-2026
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prays for withdrawal of the writ application with liberty to
approach the Bihar Land Tribunal in terms of provisions as
contained in Section 9 of the Bihar Land Tribunal Act.
6. The prayer is allowed.
7. The writ application is disposed off with liberty to
the petitioner to approach the appropriate forum within two
weeks henceforth by filing a proper application with relevant
and supporting documents for redressal of the grievances so
raised in the writ application.
8. It goes without saying that if any question of
limitation arises before the competent authority, the same shall
be considered taking into consideration the fact that the
petitioner was pursuing the issue before this Court under Article
226 of the Constitution of India.
(Rana Vikram Singh, J)
Supratim/
Smriti-
U
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