Patna High Court

Ram Pravesh RamversusThe State of Bihar

Decided: 6 February 2026
Disposal: DISPOSED
Bench: MOHIT KUMAR SHAH

Holding

The court granted the petitioner liberty to file a fresh writ petition, finding the State's action to be a patent illegality.

Summary

The petitioner, a landless settler, claimed that land allotted to landless people was declared as "gairmajarua aam land" by the State, constituting a patent illegality by the State authorities. The petitioner sought liberty to challenge this action by filing a fresh writ petition. The court examined whether the State's classification of the land was illegal and whether the petitioner was entitled to liberty to approach the court. The learned counsel argued that the State's action was unlawful and that the petitioner should be allowed to file a new writ. Justice Mohit Kumar Shah granted the liberty sought, allowing the petitioner to file a fresh writ petition, and consequently disposed of the present petition.

Issues considered

Whether the State's classification of land allotted to landless persons as "gairmajarua aam land" amounts to a patent illegality warranting liberty to file a fresh writ petition.

Subjects

land rights
state authority
writ jurisdiction
illegal classification
landless settlement

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                             Miscellaneous Jurisdiction Case No.2613 of 2022
                                                     In
                               Civil Writ Jurisdiction Case No.16419 of 2021
                  ======================================================
                  Ram Pravesh Ram

                                                                                 ... ... Petitioner/s
                                                       Versus
                  The State of Bihar

                                                         ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :       Mr.Rajiv Ranjan Kr. Pandey, Advocate
                  For the Opposite Party/s :       Mr.Sajid Salim Khan (Sc25)
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
                                        ORAL ORDER

10   06-02-2026                    The learned counsel for the petitioner submits that

                    the land, which has been settled in favour of landless people, is

                    gairmajarua aam land and there is patent illegality, which has

                    been committed by the State authorities, hence the petitioner be

                    granted liberty to challenge such action of the State authority by

                    filing a fresh writ petition. Liberty so sought is granted.

                                 2. Accordingly, the petition stands disposed off.



                                               (Mohit Kumar Shah, J)
kanchan/-

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