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Patna High Court

Mahabir RamversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
                 ======================================================
           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
                                            2/3




          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
                                                        3/3




                      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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