Mahendra Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1913 of 2026 ====================================================== Mahendra Ram Son of Late Dhano @ Dhanu Ram, Resident of villageMahsai, P.S.- Rajauli, District- Nawada. ... ... Petitioner/s
Versus
1.
The State of Bihar through the Additional Chief Secretary, Revenue and Land Reforms Department, Government of Bihar, P.S. Secretariate, District Patna, Bihar.
2.
The Chief Secretary, Land Reforms Department, Government of Bihar, P.S. Secretariate, District Patna, Bihar.
3.
The Joint Secretary, Land Reforms Department, Government of Bihar, P.S.- Secretariate, District Patna, Bihar.
4.
The District Magistrate-cum-Collector, Nawada, P.S. Nawada, District Nawada, Bihar.
5.
The Additional District Magistrate, Nawada, P.S. Nawada, District Nawada, Bihar.
6.
The Land Reforms Deputy Collector, Rajauli, P.S. Rajauli, District Nawada, Bihar.
7.
The Circle Officer, Rajauli, P.S. Rajauli, District Nawada, Bihar. 8.
The Bhoodan Yagya Committee, through its Chairman, Gardanibagh, P.S. Gardanibagh, District Patna, Bihar.
9.
The Chairman, Bhoodan Yagya Committee, Gardanibagh, P.S. Gardanigabh, District Patna, Bihar.
10.
The Official Minister, District Bhoodan Yagya Committee, Nawada, P.S. Nawada, District Nawada, Bihar.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Devendra Prasad Singh, Advocate For the State :
Mr. Dr. Md. Raisul Haque, SC-10 For the Resp. No. 8 to 10:
Mr. Rajni Kant Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 05-02-2026 Heard the parties.
2. The present petition has been preferred for the grant of following relief(s):
"(i) to set aside the order dated 28.07.2025
2/5 as passed in Bhoodan Parcha Cancellation Case No.21/2025-26 by the learned Land Reforms Deputy Collector, Rajauli, Nawada (Respondent No.6) whereby the Parwana bearing Parwana No.202768 dated 22.08.1970 granted/issued to the Parwana holder namely Jago Ram and Mahendra Ram (petitioner) against the land situated at Mauja-Rajauli, Circle-Rajauli, District Gaya (the then was) (now Nawada), Thana No.184, Khata No.589/1603, Khesra No.5985/9114, 5984/9108, 5941/9114 having an area of 3.29 Acre out of which the share of petitioner is the half of total area of 3.29 acre by the Bhoodan Yagya Committee (Respondent No.7 and 10) has been canceled.
(ii) further to set aside the order dated 23.09.2025 as passed in JBCA No.75/2025-26 by learned Additional Collector, Nawada (Respondent No.5), canceling the Jamabandi bearing Jamabandi No.7/21 created with regard to the land situated at Mauja- Rajauli Mahsai, Thana No.184, Khata No.589 (old)/1603 (new),
3/5 Khesra No.5984, 5985, 5941 corresponding khata no.1603 plot no.9108, 9111 and 9114 having an area of 3.29 Acre in connection with petitioner.
(iii) and further a writ in the nature of prohibition be issued directing and commanding to the respondents concerned as well as to the local authorities, to not disturb the peaceful possession of the land in question of the petitioner herein.
(iv) and during pendency of the writ application the operation of the order(s) dated 28.07.2025 and 23.09.2025 may kindly be stayed.
(v) any other relief(s) may be granted to the petitioner for which he is entitled to in accordance with law."
3. Learned counsel representing the Bihar Bhoodan Yagna Committee, Mr. Rajni Kant Singh submits that similar situate such cases relating to Bhoodan Parcha Cancellation were taken up by the coordinate Benches of this Court and the same stand disposed of in the following terms and the relevant
4/5 paragraphs read as follows:
In CWJC No. 499 of 2026
5. Considering the nature of dispute, this writ application is disposed with a direction to the petitioner to prefer appeal before the Collector, Nawada under Section 17 of the Bhoodan Act within a period of thirty days from today. If such appeal is filed by the petitioner along with condonation of delay petition, the Collector, Nawada shall be obliged to decide the same in accordance with law within a reasonable time frame.
In CWJC No. 322 of 2026
2. Learned counsel appearing on behalf of the respondent nos. 8 to 10 - District Bhoodan Yagna Committee submits that the petitioner has remedy of appeal under Section 17 of The Bihar Bhoodan Yagna Act, 1954 for the relief as prayed for in the present writ petition.
3.
In view of aforesaid submission, I am not inclined to interfere in any manner. Accordingly, the writ petition stands disposed of.
5/5
4. Learned counsel for the petitioner submits that in one such case, on 13.01.2026 in CWJC No. 90 of 2026 (Arjun Ravidas vs. The State of Bihar & Ors.), time was granted to file affidavit.
5. The order asking respondents to file affidavit came on 13.01.2026, the subsequent development took place on 19.01.2026 and 20.01.2026 by which the cases have been disposed of.
6. This Court do not deem it fit and proper to take a different route. In that background, following the order passed in CWJC No. 499 of 2026 (Karu Rajwanshi vs. The State of Bihar & Ors.), the writ petition is disposed of directing the petitioner to prefer appeal before the Collector, Nawada under section 17 of the Bhoodan Act within a period of four weeks from today and if such petition is filed, after condoning the delay, the matter shall be taken up and disposed of in accordance with law at an earliest.
7. The writ petition is disposed of with the aforesaid observation.
(Rajiv Roy, J) vinayak/- U