← Library
Patna High CourtCWJC/5208/2026disposed

Hareram Kumar Bhartiya @ Hareram Manjhi v. The State Of Bihar

2026-04-23Mr. Justice Khatim Reza4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5208 of 2026 ====================================================== Hareram Kumar Bhartiya @ Hareram Manjhi Son of Late Shukar Prasad, Resident of Village- Nijaura, P.S. and Circle- Khaira, District- Jamui. ... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Department of Revenue and Land Reforms, Government of Bihar, Patna.

2.

The Principal Secretary, Department of Revenue and Land Reforms, Government of Bihar, Patna.

3.

The Divisional Commissioner, Munger Division, Munger. 4.

The Collector-cum-District Magistrate, Jamui. 5.

The Superintendent of Police, Jamui.

6.

the Sub-Divisional Officer, Sadar, District- Jamui. 7.

The Deputy Collector, Land Reforms, Sadar, District- Jamui. 8.

The Circle Officer, Circle- Khaira, District- Jamui. 9.

The Station House Officer, Khaira Police station, District- Jamui. 10.

Jitendra Paswan, Son of Tulo Paswan, Resident of Village- Nijaura (Chaukathiya), P.S. and Circle- Khaira, District- Jamui. 11.

Ravindra Paswan, Son of Jitendra Paswan, Resident of Village- Nijaura (Chaukathiya), P.S. and Circle- Khaira, District- Jamui. 12.

Nagina Paswan, Son of Jitendra Paswan, Resident of Village- Nijaura (Chaukathiya), P.S. and Circle- Khaira, District- Jamui. 13.

Puna Paswan, Son of Thanu Paswan, Resident of Village- Nijaura (Chaukathiya), P.S. and Circle- Khaira, District- Jamui. 14.

Vinod Paswan, Son of Puna Paswan, Resident of Village- Nijaura (Chaukathiya), P.S. and Circle- Khaira, District- Jamui. 15.

Chotelal Paswan, Son of Puna Paswan, Resident of Village- Nijaura (Chaukathiya), P.S. and Circle- Khaira, District- Jamui. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Akshansh Ankit, Adv.

Mr. Rudra Pratap Singh, Adv.

For the State :

Mr. Sumant Kumar Singh, AC to GA-2 ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 23-04-2026 Heard learned counsel for the parties.

2. This writ application has been filed for the

2/4 following reliefs:- (a). For a direction upon the Respondent authorities to take preventive action and restrain unauthorized private persons (Respondent Nos. 10 to 15) from interfering with the settled peaceful possession of the Petitioner with respect to the plots of land situate at Mauja-Nijaura, Thana No. 121, Sub-registry and District Jamui bearing Khata No. 61 and Khesra No. 387 admeasuring about 20 decimals and Mauja -Badhakhan, Thana No. 119, Sub-registry and District Jamui bearing Khata No. 63 and Khesra No. 483 admeasuring about 66 decimals (total settled land admeasuring 86 decimals under Section 14 of the Bihar Bhoodan Yagna Act, 1954).

(b) For a direction upon the Respondent authorities to perform their statutory duty under Section 14A of the Bihar Bhoodan Yagna Act, 1954 and thwart anti-social activities of Respondent Nos. 10 to 15 and provide adequate security to the Petitioner to enjoy peaceful possession and usufructs of the land belonging to the Petitioner including construction of boundary wall without any interference whatsoever, in accordance with law.

3. Learned counsel for the petitioner submits that the petitioner is a setlee of the land in question admeasuring total area 86 decimals in favour of the father of the petitioner in the

3/4 year 1978-79 vide Land Settlement Case No. 22 of 1978-79 by the competent authority under Section 14 of the Bihar Bhoodan Yagna Act, 1954. The details of the land are as follows:- (i) Mauja-Nijaura, Thana No. 121, bearing Khata No. 61 and Khesra Nos. 387 admeasuring about 20 decimals. (ii) Mauja-Badhakhan, Thana No. 119, bearing Khata No. 63 and Khesra Nos. 483 admeasuring about 66 decimals.

4. After settlement, the name of the father of the petitioner was mutated in the revenue records and Jamabandi No. 185 was created in the favour of the father of the petitioner. After the death of father of the petitioner, the petitioner has been regularly paying the rent of the aforesaid land and is coming in peaceful possession of the said land. Respondent Nos. 10 to 15 having no right, title and interest of the aforesaid land is trying to dispossess the petitioner from the said land.

5. It is further submitted that in the year 2005, respondent no. 10 to 15 illegally constructed a pucca house over both the aforesaid plots. It is submitted that on the application of the petitioner, a proceeding under Section 107 was initiated against the private respondent no. 10 and later on, the said proceeding was dropped, then, respondent nos. 10 to 15 again created disturbance in the peaceful possession of the petitioner.

4/4 The petitioner was constrained to file an application before the Circle Officer and Collector of the said District for his forceful ejectment from the land settled under the Bihar Bhoodan Yagna Act. It is further submitted that a detailed application has been field before the Circle Officer., Jamui on 08.02.2026 as well as before the Collector, Jamui on 09.03.2026 purporting under Section 14 A of the Bihar Bhoodan Yagna Act, 1954, but then, the Collector, Jamui has not acted upon the application filed by the petitioner and, therefore, he has prayed before this Court for a direction to the Collector, Jamui to dispose of the application dated 09.03.2026 of the petitioner within reasonable time.

6. Considering the aforesaid facts, the learned Collector, Jamui is directed to dispose of the application dated 09.03.2026 filed by the petitioner, preferably, within a period of three months from the receipt/production of a copy of this order.

7. Accordingly, this writ application is disposed of. (Khatim Reza, J) prabhat/- U