Created by Fuzzy Cloud

Patna High Court

Saroj Kumar Rakshit @ Nanu Da @ Saroj Rakshit @ Nanu BabaversusThe State of Bihar through Additional Chief Secretary,

Decided
Disposal
DISMISSED

Holding

The Court held that the existence of an alternative efficacious remedy under Section 9(x) of the Bihar Land Tribunal Act, 2009 bars the writ court from entertaining the petition, and therefore the appeal is dismissed.

Summary

Saroj Kumar Rakshit filed a writ petition seeking a certiorari to set aside an order dated 30‑11‑2024 of the Divisional Commissioner that altered the disposition of temple land and also sought a mandamus to protect his possession. The Single Judge dismissed the petition, directing the petitioner to approach the Bihar Land Tribunal under Section 9(x) of the Bihar Land Tribunal Act, 2009 within four weeks. The petitioner appealed the dismissal via a Letters Patent Appeal, arguing that the order of the Divisional Commissioner was illegal and that the court could intervene despite the alternative remedy. The High Court examined the statutory provision and reiterated the settled principle that when an efficacious alternative remedy exists, a writ court should not entertain the petition. Consequently, the Court found no illegality in the impugned order and dismissed the appeal. The Court advised the petitioner to file an application before the Tribunal and, if necessary, seek condonation of delay there.

Issues considered

  • Whether the High Court can entertain a writ petition when an alternative remedy under Section 9(x) of the Bihar Land Tribunal Act, 2009 is available.
  • Whether the order of the Divisional Commissioner dated 30‑11‑2024 is illegal and liable to be set aside by a writ court.
  • Whether the Letters Patent Appeal is maintainable in view of the limited scope of the appeal.

Subjects

  • writ jurisdiction
  • certiorari
  • mandamus
  • alternative remedy
  • land dispute
  • Bihar Land Tribunal Act
  • section 9(x)
  • letters patent appeal
  • civil jurisdiction

Judgment

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                       Letters Patent Appeal No.280 of 2025
                                           In
                   Civil Writ Jurisdiction Case No.2242 of 2025
     ======================================================
     Saroj Kumar Rakshit @ Nanu Da @ Saroj Rakshit @ Nanu Baba Son of Late
     Yogeshchand Rakshit, Resident of Village Kali Mandir Road, Kali Mandir,
     Ward No. 23, Kali Bazar, P.S. - Araria, District- Araria (Bihar).

                                                                 ... ... Appellant/s
                                        Versus

1.   The State of Bihar through Additional Chief Secretary, Land and Revenue
     Department, Govt. of Bihar, Old Secretariat, Patna, Bihar.
2.   The Divisional Commissioner, Purnea.
3.   The D.C.L.R., Araria.
4.   The C.O., Araria.
5.   Madan Kumar Das Son of Late Pancham Das, Resident of Madhubani
     Bazar, P.S. - K. Hat, District- Purnea, Bihar.

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Appellant/s     :      Mr.Sanjay Kumar, Advocate
                                    Mr. Praveer Kumar Thakur, Advocate
     For the State           :      Mr. Md. Khurshid Alam, AAG-12
                                    Mr. Arun Bhagat, AC to AAG-12
     For the Respondent No.5:       Mr. Raju Giri, Sr. Advocate
                                    Mr. Harsh Vardhan, Advocate
                                    Mr. Harsh Raj, Advocate
     ======================================================
     CORAM: HONOURABLE THE CHIEF JUSTICE
             and
             HONOURABLE MR. JUSTICE SUDHIR SINGH
     ORAL JUDGMENT
     (Per: HONOURABLE THE CHIEF JUSTICE)

      Date : 07-01-2026

                     Heard learned counsel for the parties.

                     2. This Intra-Court Appeal has been filed challenging

      the order dated 20.02.2025 of the learned Single Judge passed

      in CWJC No. 2242 of 2025.

                     3.    The   writ    petition    was      filed      by   the
Patna High Court L.P.A No.280 of 2025 dt.07-01-2026
                                             2/4




         petitioner/appellant with the following reliefs:-

                          “(i) For issuance of a writ in the nature of writ of
                          certiorari to set aside/quash the order dated
                          30.11.2024 passed in Land Dispute Appeal Case
                          No. 78/2023 by the respondent No. 2 whereby and
                          whereunder the learned Divisional Commissioner
                          has set aside the order of the Ld. D.C.L.R., Araria
                          dated-31.03.2023 passed in B.L.D.R. Case No.
                          07/22-23 and has further directed the D.C.L.R. to
                          earmark/carve out the Land that are being used for
                          Mahavir Mandir and Kali Mandir in terms of an
                          affidavit No. 1501/2024 filed by respondent No.5
                          and the rest of the land has been directed to be
                          handed over to the respondent No. 5 which is most
                          arbitrary, illegal and in gross violation of settled
                          law that right, title and possession is not in the
                          ambit of a revenue court but the same has to be
                          decided by a competent court of civil jurisdiction as
                          contained in annexure-P/6 of this writ application.
                          (ii). For issuance of a writ in the nature of writ of
                          mandamus commanding the respondents not to
                          disturb in any manner the peaceful possession of
                          the petitioner over the temple land.
                          (iii). For issuance of any other writ/writs,
                          order/orders,       direction/directions   to   grant
                          relief/reliefs to which the petitioner may be found
                          entitled to in the fact and circumstances of the
                          case.”


                      4. The learned Single Judge has, in the operative part

         of the order, observed that in view of Section 9(x) of the Bihar
Patna High Court L.P.A No.280 of 2025 dt.07-01-2026
                                             3/4




         Land Tribunal Act 2009, since the petitioner has got an

         alternative remedy, he can approach the learned Tribunal within

         a period of four weeks.

                      5. Learned counsel for the appellant submits that there

         is no dispute that the matter can be agitated before the learned

         Tribunal and the learned Tribunal has got power also to interfere

         with the same. However, he submits that since there is palpable

         illegality in the order dated 30.11.2024 passed by the

         Respondent No. 2 in Land Dispute Appeal Case No. 78/2023,

         this Court can interfere with the same by exercising its writ

         jurisdiction.

                      6. Section 9(x) of the Bihar Land Tribunal Act, 2009

         reads as under:

                          “9. Powers of the Tribunal.-(1) The Tribunal shall
                          have the power to entertain any application against
                          the final order passed by the Appropriate
                          Authorities under the Acts/Manuals, mentioned
                          below, within 90 days of such an order provided no
                          other forum of appeal or revision against the order
                          passed is provided in that Act/Manuals:
                          (i) xx          xx          xx
                          (ii) xx          xx         xx
                          (x) Bihar Land Disputes Resolution Act, 2009.


                      7. In view of the settled position of law that when the

         alternative efficacious remedy is available, the Writ Court
             Patna High Court L.P.A No.280 of 2025 dt.07-01-2026
                                                          4/4




                      should not entertain the writ petition and in view of specific

                      provision available, we find no illegality in the impugned order.

                      Therefore, in view of the limited scope of this Letters Patent

                      Appeal, we are not inclined to entertain the same. Accordingly,

                      the Appeal stands dismissed.

                                   8. At this stage, learned counsel for the appellant

                      submits that till date, no application has been filed before the

                      learned Tribunal as per the order dated 20.02.2025 passed by the

                      learned Single Judge.

                                   9. If the appellant is so advised, he can approach the

                      learned Tribunal and if any limitation application is filed for

                      condoning the delay, the same shall be considered by the learned

                      Tribunal in accordance with law, taking into account that the

                      appellant has not only approached the Writ Court but also filed

                      this letter patent appeal.




                                            (Sangam Kumar Sahoo, CJ)


                                                     (Sudhir Singh, J)
Sujit/-
AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          09.01.2026
Transmission Date       NA


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.