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Patna High Court

Md IdrishversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The High Court upheld the dismissal of the writ petition, holding that the petitioners’ delay, laches, and failure to join necessary parties justified the dismissal and that the State’s acquisition under Section 15(1) remains valid.

Summary

The appellants, Md Idrish and Md Bechan, purchased land that had been declared surplus under the Bihar Land Reform (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 and sought a writ directing the Collector to delete the land from the 1 June 1990 Gazette notification issued under Section 15(1) of the Act. The State respondents contended that a land‑ceiling proceeding had been duly initiated, the land was declared surplus, and acquired by the State through a notification dated 6 June 1990, published under Section 15(1). The Single Judge dismissed the writ on grounds of inordinate delay, laches, and non‑joinder of parties who had been settled under Section 27 of the Act. On appeal, the High Court, relying on the Supreme Court’s decision in *Mrinmoy Maity v. Chhanda Koley* (2024) 15 SCC 215, affirmed that delay and laches alone justify dismissal of a writ petition and that the State’s acquisition remains valid. Consequently, the appeal was dismissed and the writ petition upheld the dismissal.

Issues considered

  • Whether the writ petition challenging the State’s acquisition of surplus land is maintainable despite the lapse of time and alleged delay and laches.
  • Whether the non‑joinder of persons settled under Section 27 of the Bihar Land Reform Act warrants dismissal of the writ petition.
  • Whether the State’s acquisition of the land under Section 15(1) of the Bihar Land Reform Act, 1961 can be set aside by the petitioners.

Legislation cited

Subjects

  • Land ceiling
  • Surplus land
  • Writ petition
  • Delay
  • Laches
  • Non‑joinder of parties
  • Section 15(1)
  • Bihar Land Reform Act
  • Acquisition of land

Judgment

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                         Letters Patent Appeal No.569 of 2025
                                           In
                     Civil Writ Jurisdiction Case No.3530 of 2017
     ======================================================
     1.Md Idrish S/o Late Md. Sadik Hussain @ Md. Siddique Resident of
     Chiraiya Rehka, P.S. K. Nagar, District – Purnia.
     2.Md. Bechan@ Md. Hanif, S/o Late. Chhabu Hussain, Both nos. 1 and 2 are
     resident of Chiraiya Rehka, P.S.-K. Nagar, District-Purnia.

                                                                 ... ... Appellant/s
                                        Versus
1.   The State of Bihar
2.   The Collector, Purnia
3.   The Additional Collector, Land Ceiling, Purnia
4.   The Circle Officer, K. Nagar, District - Purnia
5.   Smt. Manorma Devi W/o Late Kumar Sachidanand Singh Resident of
     Shrinagar Dyodhih, P.O-Shrinagar,P.S.-K. Nagar, District - Purnia.
6.   Smt. Pramila Ramaji W/o Late Prama Nand Singh Resident of Shrinagar
     Dyodhih, P.O-Shrinagar,P.S.-K. Nagar, District - Purnia.
7.   Bibi Ahmedi Khatoon W/o Md. Abdul Aziz Resident of Village-Khutti
     Dhunaili, P.S.-K.Nagar, District-Purnia.

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Appellant/s     :      Mr.Ajit Kumar Singh, Advocate
     For the Respondent/s    :      Mr.Addl. Advocate General (12)
     ======================================================
     CORAM: HONOURABLE THE CHIEF JUSTICE
             and
             HONOURABLE MR. JUSTICE HARISH KUMAR
     ORAL JUDGMENT
     (Per: HONOURABLE THE CHIEF JUSTICE)

      Date : 25-02-2026

                  This LPA has been filed by the appellants challenging

      the order dated 22.04.2025 passed by the learned Single Judge

      in CWJC No. 3530 of 2017.

                  2. The writ petition was filed seeking for the

      following relief(s):-
Patna High Court L.P.A No.569 of 2025 dt.25-02-2026
                                             2/4




                                          “For issuance of a writ or writs, direction or
                              directions to the Collector, Purnia to delete the lands
                              described hereinafter in this application from the
                              District Purnia Gazette Notification no. 4 dated 1.6.1990
                              published u/s 15 (1) of the Land Ceiling Act, as the land
                              so purchased by the petitioners have been declared
                              surplus land of the landholder Sri Mati Sidhi Ramaji
                              which have been sold by her heirs and legal
                              representatives in the year 1960 and 1967 without any
                              intention to defeat the provisions/Land of Land Ceiling
                              Act.
                                          The land so declared surplus have done
                              without initiating any been proceeding u/s 5 (1) (iii) of
                              the Land Ceiling Act by the authorities and without
                              setting aside the sale deed, and without giving any
                              opportunity to the petitioners to be heard, though the
                              petitioners have been coming in physical cultivating
                              possession over the land from their date of purchases,
                              got their names mutated in the Sirista of the State, paid
                              rent and got rent receipts whereof issued in their
                              favour.”


                      3. The respondent nos. 2 to 4 filed the counter

         affidavit, wherein, it is stated as follows:-

                                    “4.That the averments made in the instant writ
                               application which are not specifically admitted and are
                               beyond/contrary to the records of the case are hereby
                               denied.
                                    5.That a land ceiling proceeding vide Land Ceiling
                               Case No. 01/1983-84 was duly initiated against the land
                               holder Kumar Ganganand Singh and after the death of
                               Kumar Ganganand Singh his widow Siddhi Ramaji was
                               substituted. The subject property appertaining to Mauja
                               Khutti Dhunaili, Khata No. 762, Khesra No. 7
                               alongwith other land was also part of that land ceiling
                               proceeding. Subsequently after duly hearing the parties
                               and perusing the record the Collector under the act
                               declared the land in question as surplus land and final
                               publication of the draft under section 11 (1) of Bihar
                               Land Reform (Fixation of Ceiling Area and Acquisition
                               of Surplus Land) Act, 1961 was published on
                               27/03/1989 vide Extraordinary notification no. 36.
                                    6. That subsequently after following due procedure
Patna High Court L.P.A No.569 of 2025 dt.25-02-2026
                                             3/4




                               the subject property was acquired by the State vide
                               notification no. 2766 dated 06/06/1990 published U/s
                               15 (1) of the Act in the Extraordinary issue no. 04 dated
                               01/06/1990.”

                      4. The learned Single Judge, after hearing the parties

         and going through the pleadings has been pleased to hold as

         follows:-

                                “3. The counter affidavit of the State respondent
                                clearly shows that the acquisition took place and the
                                notification was published under Section 15(1) of ‘the
                                Act’ in the extraordinary gadget on 01.06.1990. The
                                writ petition has been filed in the year 2017 and the
                                stand of the State is that the land in question stands
                                settled with the different persons under Section 27 of
                                the Act by way of red card and they have not even
                                been impleaded as party respondents.
                                            4. In that background, the writ petition
                                stands dismissed, both on the ground of delay and
                                laches as also the non-joinder of necessary parties.”

                      5. With respect to the issue of delay and laches, the

         issue is no more res integra rather the Hon’ble Apex Court in

         the case of Mrinmoy Maity vs. Chhanda Koley & Ors, reported

         in (2024) 15 SCC 215 has held that:

                                            “11. For filing of a writ petition, there is
                                no doubt that no fixed period of limitation is
                                prescribed. However, when the extraordinary
                                jurisdiction of the writ court is invoked, it has to be
                                seen as to whether within a reasonable time same has
                                been invoked and even submitting of memorials
                                would not revive the dead cause of action or resurrect
                                the cause of action which has had a natural death. In
                                such circumstances on the ground of delay and laches
                                alone, the appeal ought to be dismissed or the
                                applicant ought to be non-suited. If it is found that the
                                writ petitioner is guilty of delay and laches, the High
                                Court ought to dismiss the petition on that sole ground
             Patna High Court L.P.A No.569 of 2025 dt.25-02-2026
                                                          4/4




                                             itself, inasmuch as the writ courts are not to indulge in
                                             permitting such indolent litigant to take advantage of
                                             his own wrong. It is true that there cannot be any
                                             waiver of fundamental right but while exercising
                                             discretionary jurisdiction under Article 226, the High
                                             Court will have to necessarily take into consideration
                                             the delay and laches on the part of the applicant in
                                             approaching a writ court.”

                                   6.After hearing learned counsel for the parties and

                      upon considering the stand taken by the learned counsel for the

                      State in the counter affidavit, as well as the reasoning assigned

                      by the learned Single Judge while dismissing the writ petition

                      on the grounds of delay and laches and non-joinder of necessary

                      party, the order appears to be fully justified, and there cannot be

                      said to be any perversity or illegality in the same.

                                   7. Accordingly, the present L.P.A stands dismissed.

                                   8. Pending I.A., if any, stands disposed of.




                                                          (Sangam Kumar Sahoo, CJ)



                                                                   (Harish Kumar, J)

ranjan/-
AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          27.02.2026.
Transmission Date       NA


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