✦ Patna High Court · 25 Feb 2023

Ranbir Kumar v. The State of Bihar

CIVIL WRIT JURISDICTION CASE No. 23167 of 2012PARTHA SARTHY10 min read

Case at a glance

Outcome

Disposed of

The writ application stands disposed of

Judgment

2.

Om Prakash, Son of Sukho Mahto, Resident of Village- Bhadash North, P.O. Bhadas South, P.S. Khagaria, District- Khagaria

3.

Hemant Kumar, Son of Virendra Prasad Singh, Resident of Village- Bhadash North, P.O. Bhadas South, P.S. Khagaria, District- Khagaria

4.

Anandi Prasad Singh, S/O Munsi Prasad Singh, Resident of Village- Bhadash North, P.O. Bhadas South, P.S. Khagaria, District- Khagaria

5.

Suresh Prasad Singh, Son of Dhirendra Pd. Singh, Resident of Village- Bhadash North, P.O. Bhadas South, P.S. Khagaria, District- Khagaria

6.

Ambed Prasad Singh, Son of Nageshwar Prasad, Resident of Village- Bhadash North, P.O. Bhadas South, P.S. Khagaria, District- Khagaria

7.

Krishna Kumar, Son of Balram Prasad Singh, Resident of Village- Bhadash North, P.O. Bhadas South, P.S. Khagaria, District- Khagaria

9.

Rajendra Prasad Verma, Son of Late Ramadhin Singh, Resident of Village- Bhadash North, P.O. Bhadas South, P.S. Khagaria, District- Khagaria Pawan Kumar, S/O Late Gurudeo Pd. Singh, Resident of Village- Bhadash North, P.O. Bhadas South, P.S. Khagaria, District- Khagaria

10.

Ajay Singh, Son of Panch Lal Singh, Resident of Village- Bhadash North, P.O. Bhadas South, P.S. Khagaria, District- Khagaria

11.

Sikandra Pd. Singh, Son of Ramadhar Prasad, Resident of Village- Bhadash North, P.O. Bhadas South, P.S. Khagaria, District- Khagaria

12.

Prakash Mahto, Son of Bahadur Mahto, Resident of Village- Bhadash North, P.O. Bhadas South, P.S. Khagaria, District- Khagaria

13.

Vinesh Prasad Singh, Son of Jagdish Prasad, Resident of Village- Bhadash North, P.O. Bhadas South, P.S. Khagaria, District- Khagaria

14.

Vijay Sah, Son of Gauri Sah, Resident of Village- Bhadash North, P.O. Bhadas South, P.S. Khagaria, District- Khagaria

15.

Baleshwar Sah, Son of Bino Sah, Resident of Village- Bhadash North, P.O. Bhadas South, P.S. Khagaria, District- Khagaria

16.

Bijal Prasad, Son of Lakhan Prasad Singh, Resident of Village- Bhadash North, P.O. Bhadas South, P.S. Khagaria, District- Khagaria

17.

Arun Singh, Son of Ragho Prasad, Resident of Village- Bhadash North, P.O. Bhadas South, P.S. Khagaria, District- Khagaria

18.

Sanjay Kumar, Son of Bishwanath Prasad Singh, Resident of Village- Bhadash North, P.O. Bhadas South, P.S. Khagaria, District- Khagaria

19.

Asharfi Pd. Singh, Son of Chingi Pd. Singh, Resident of Village- Bhadash North, P.O. Bhadas South, P.S. Khagaria, District- Khagaria

20.

Vijay Kumar, Son of Late Janak Pd. Singh, Resident of Village- Bhadash North, P.O. Bhadas South, P.S. Khagaria, District- Khagaria

Patna High Court CWJC No.23167 of 2012(5) dt.25-02-2023

21.

Ranbir Kumar, Son of Shakaldeo Pd. Singh, Resident of Village- Bhadash North, P.O. Bhadas South, P.S. Khagaria, District- Khagaria

22.

Dhirendra Pd. Singh, Son of Late Mainu Pd. Singh, Resident of Village- Bhadash North, P.O. Bhadas South, P.S. Khagaria, District- Khagaria

23.

Bindeshwari Pd. Singh, Son of Late Manik Chand Prasad, Resident of Village- Bhadash North, P.O. Bhadas South, P.S. Khagaria, District- Khagaria

24.

Indradeo Prasad Singh, Son of Late Parmeshwar Pd. Singh, Resident of Village- Bhadash North, P.O. Bhadas South, P.S. Khagaria, District- Khagaria

25.

Vilash Chandra Singh, Son of Late Jagdish Prasad Singh, Resident of Village- Bhadash North, P.O. Bhadas South, P.S. Khagaria, District- Khagaria Versus ... ... Petitioner/s

3. The State of Bihar The Commissioner, Munger Division, Munger The Collector-Cum-District Magistrate, Khagaria

4. Addl. Collector, Khagaria

5. Sub-Divisional officer, Khagaria, District- Khagaria

6. Deputy Collector Land Reforms, Khagaria, District- Khagaria

8.

Circle officer, Khagaria District- Khagaria Circle Inspector, Khagaria District- Khagaria

9. Gram Panchayat Bhadas, Through Its Mukhiya

10. Umesh Sada, S/O Jai Jai Ram Sada, Resident of Village- Bhadash North, P.O. Bhadas South, P.S. Khagaria, District- Khagaria

11. Sunil Sada, Son of Dhodhar Sada, Resident of Village- Bhadash North, P.O. Bhadas South, P.S. Khagaria, District- Khagaria

12. Mostt. Dulari Devi, Wife of Late .............................. Resident of Village- Bhadash North, P.O. Bhadas South, P.S. Khagaria, District- Khagaria

13. Shambhu Sada, Son of Baleshwar Sada, Resident of Village- Bhadash North, P.O. Bhadas South, P.S. Khagaria, District- Khagaria

14. Pramod Sada, S/O Baleshwar Sada, Resident of Village- Bhadash North, P.O. Bhadas South, P.S. Khagaria, District- Khagaria

15. Kisho Sada, S/O Dhodhar Sada, Resident of Village- Bhadash North, P.O. Bhadas South, P.S. Khagaria, District- Khagaria

16. Ramji Sada, Son of Bhago Sada, Resident of Village- Bhadash North, P.O. Bhadas South, P.S. Khagaria, District- Khagaria

17. Maheshwar Sada Son of Moti Sada Resident of Village- Bhadash North, P.O. Bhadas South, P.S. Khagaria, District- Khagaria

18. Nand Kishore Sada, Son of Bhago Sada, Resident of Village- Bhadash North, P.O. Bhadas South, P.S. Khagaria, District- Khagaria Patna High Court CWJC No.23167 of 2012(5) dt.25-02-2023

19. Prem Sada, Son of Ramotar Sada, Resident of Village- Bhadash North, P.O. Bhadas South, P.S. Khagaria, District- Khagaria

20. Lalan Sada, Son of Ramotar Sada, Resident of Village- Bhadash North, P.O. Bhadas South, P.S. Khagaria, District- Khagaria

21. Indal Sada, Son of Suraj Sada, Resident of Village- Bhadash North, P.O. Bhadas South, P.S. Khagaria, District- Khagaria

22. Dilip Sada, Son of Jamun Sada, Resident of Village- Bhadash North, P.O. Bhadas South, P.S. Khagaria, District- Khagaria

23. Ranjit Sada, Son of Damodar Sada, Resident of Village- Bhadash North, P.O. Bhadas South, P.S. Khagaria, District- Khagaria

24. Pankaj Sada, Son of Ramdeo Sada, Resident of Village- Bhadash North, P.O. Bhadas South, P.S. Khagaria, District- Khagaria

25. Shambhu Sada, Son of Nand Lal Sada, Resident of Village- Bhadash North, P.O. Bhadas South, P.S. Khagaria, District- Khagaria

26.

Pulis Sada Son of Brahmdeo Sada Resident of Village- Bhadash North, P.O. Bhadas South, P.S. Khagaria, District- Khagaria

27.

Ashok Sada, Son of Parmeshwar Sada, Resident of Village- Bhadash North, P.O. Bhadas South, P.S. Khagaria, District- Khagaria

28.

Sapan Sada, Son of Sunder Sada, Resident of Village- Bhadash North, P.O. Bhadas South, P.S. Khagaria, District- Khagaria

29.

Umesh Sada, Son of Tarni Sada, Resident of Village- Bhadash North, P.O. Bhadas South, P.S. Khagaria, District- Khagaria

30.

Raban Sada, Son of Baleshwar Sada, Resident of Village- Bhadash North, P.O. Bhadas South, P.S. Khagaria, District- Khagaria

31.

Lalku Sada, Son of Baleshwar Sada, Resident of Village- Bhadash North, P.O. Bhadas South, P.S. Khagaria, District- Khagaria

32.

Pukar Sada, Son of Ram Bahadur Sada, Resident of Village- Bhadash North, P.O. Bhadas South, P.S. Khagaria, District- Khagaria

33.

Babloo Sada, Son of Jageshwar Sada, Resident of Village- Bhadash North, P.O. Bhadas South, P.S. Khagaria, District- Khagaria

34.

Kamleshwari Sada, Son of Phagu Sada, Resident of Village- Bhadash North, P.O. Bhadas South, P.S. Khagaria, District- Khagaria

35.

Bechan Sada, Son of Narayan Sada, Resident of Village- Bhadash North, P.O. Bhadas South, P.S. Khagaria, District- Khagaria

36.

Sanjay Sada, Son of Siko Sada, Resident of Village- Bhadash North, P.O. Bhadas South, P.S. Khagaria, District- Khagaria

37.

Kuldeep Sada Son of Brahmdeo Sada Resident of Village- Bhadash North, P.O. Bhadas South, P.S. Khagaria, District- Khagaria

38.

Pintu Sada, Son of Bideshi Sada, Resident of Village- Bhadash North, P.O. Bhadas South, P.S. Khagaria, District- Khagaria

39.

Dharmendra Sada, Son of Prem Sada, Resident of Village- Bhadash North, P.O. Bhadas South, P.S. Khagaria, District- Khagaria

40.

Dularchand Sada, Son of Maheshwar Sada, Resident of Village- Bhadash Patna High Court CWJC No.23167 of 2012(5) dt.25-02-2023 North, P.O. Bhadas South, P.S. Khagaria, District- Khagaria

41.

Vijay Sada, Son of Laddu Lal Sada, Resident of Village- Bhadash North, P.O. Bhadas South, P.S. Khagaria, District- Khagaria

42.

Babloo Sada, Son of Yogi Sada, Resident of Village- Bhadash North, P.O. Bhadas South, P.S. Khagaria, District- Khagaria

43.

Maini Devi Wife of Late Nityanand Sada Resident of Village- Bhadash North, P.O. Bhadas South, P.S. Khagaria, District- Khagaria

44.

Sultan Sada, Son of Tilo Sada, Resident of Village- Bhadash North, P.O. Bhadas South, P.S. Khagaria, District- Khagaria

45.

Shambhu Sada Son of Lakhan Sada Resident of Village- Bhadash North, P.O. Bhadas South, P.S. Khagaria, District- Khagaria ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s For the Respondent/s ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY Mr. Dronacharya, Advocate Ms. Kumari Amrita, Advocate : : 5 25-02-2023 Heard learned counsel for the parties. ORAL ORDER The petitioner has filed the instant writ application for the following relief(s):- “That, this application is for issuance of an appropriate writ(s)/order(s)/direction and thereby to issue a writ in the nature of 'CERTIORARI' and thereby to quash the order of settlement vide Land Settlement record No.9/08- 09 vide order dated 12.5.2010 passed by Commissioner, Munger Division Munger and duly communicated by learned district Magistrate Khagaria vide order dated 14.5.2010 on the basis of which Parwana has been issued to 36 settlees by the authorities of Anchal & sub- division over Gairmazarua Aam Land in favour of Respondent No.

10 to 45, appertaining to Khata No. 1517, Khesra No.4700 area 0.9 acre Patna High Court CWJC No.23167 of 2012(5) dt.25-02-2023 and Khata No.1714 Plot No.5218 are 0.99 acre is. total 1 Acre 8 decimals of Mauza Bhadas (north) P.S.& anchal-Khagaria District Khagaria.” It is submitted by learned counsel appearing for the respondents that the petitioner has an alternate and efficacious remedy of pursuing his case before the tribunal constituted under the Bihar Land Tribunal Act, 2009 (‘the Act’ in short) Sections 9 and 15 of the Act are quoted herein below for ready reference. “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) The Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 (ii) The Bihar Land Reforms Act, 1950 (iii) The Bihar Tenancy Act, 1885 (iv) The Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956 (v) The Bihar Tenants' Holdings (Maintenance of Records) Act, 1973 (vi) The Bihar Bhoodan Yagna Act, 1954 Patna High Court CWJC No.23167 of 2012(5) dt.25-02-2023 (vii) The Bihar Privileged Persons Homestead Tenancy Act, 1947 (viii) The Bihar Government Estates Manual, 1953 (ix) The Bihar Settlement Manual It shall be open to the State Government to add or remove any Law/Manual in or from the list hereinfore mentioned.

(2) In addition, the Tribunal shall decide any case transferred to it by the Government of Bihar or by the Hon'ble High Court of Judicature at Patna with regard to any other revenue or land reforms Law/ Manual for the time being in force. (3) The Tribunal shall have powers vested in the Civil Court under the Code of Civil Procedure, 1908 (Act V of 1908) including the power to recommend to punish for Contempt of Court.

Operative part

15. Transfer of proceedings pending in Patna High Court/ State Government to the Tribunal. - All cases connected with the Acts/ Manuals dealt with under Section 9 of this Act and pending in the High Court of Judicature at Patna but excluding writ petitions filed under Articles 226 and 227 of the Constitution of India and cases pending with the State Government, immediately before the commencement of this Act, as could have been within the jurisdiction of such Tribunal, and cases arising after the commencement of this Act, as would have been within the jurisdiction of such Tribunal, shall stand transferred to the Tribunal with effect from the said date of commencement: Provided further that it shall be open to the High Court of Judicature at Patna to remit the dispute pending adjudication in any writ proceeding before it for adjudication by the Tribunal.” Having heard the parties and taking into consideration the relevant provisions of the Act, especially section 9 and proviso to section 15 of the Act, the instant application is Patna High Court CWJC No.23167 of 2012(5) dt.25-02-2023 remitted to the learned tribunal constituted under the Act for adjudication in accordance with law. Before the records are sent, the office of this Court will retain a complete photocopy of the order sheet as also a complete copy of the petition along with all annexures etc.. Thereafter, the original records will be transferred to the tribunal constituted under the Act. The parties who have appeared in the writ application shall appear before the tribunal within a period of four weeks. With respect to those who have not appeared, the tribunal shall notify the date and place of hearing as provided under Rule 12 of the Bihar Land Tribunal Rules 2010 and thereafter proceed to decide the case in accordance with law. It is clarified that the interim order/protection, if any, granted to the petitioner in the instant application shall continue till the first date of hearing in the tribunal. The writ application stands disposed of. (Partha Sarthy, J) avinash/- U

Questions this judgment answers

What did the Court decide in this case?

The Court recorded the following disposition: The writ application stands disposed of

Which statutory provisions did this judgment involve?

Bihar Land Tribunal Act, 2009; Fixation of Ceiling Area and Acquisition of Surplus Land Act, 1961; Bihar Land Reforms Act, 1950; Bihar Tenancy Act, 1885; Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956; Bihar Bhoodan Yagna Act, 1954.

Which court decided this case, and when?

Patna High Court, on 25 Feb 2023. The bench was PARTHA SARTHY.

Precedent status how later indexed judgments have treated this case

No known negative treatment found in the Courts & Cases corpus.

This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.

Why is this linked?

This is the original judgment text, reproduced from the public court record. Always verify it against the official record before relying on it in a filing — check it on Patna High Court or eCourts case status (search case no. CIVIL WRIT JURISDICTION CASE No. 23167 of 2012). ← Search more judgments