Umesh Mistri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7597 of 2026 ====================================================== 1.

Umesh Mistri S/o Late Ganauri Mistri, Resident of Village- Gauravchak, Narainpur, P.O.- Narayanpur, P.S.- Telhara, District- Nalanda, Bihar. 2.

Krishn Mistry, S/o Late Janki Mistry, Resident of Village- Gauravchak, Narainpur, P.O.- Narayanpur, P.S.- Telhara, District- Nalanda, Bihar. 3.

Pramod Kumar @ Pramod Jamadar, S/o Vijendra Jamadar @ Vijindra Jamadar, Resident of Village- Gauravchak, Narainpur, P.O.- Narayanpur, P.S.- Telhara, District- Nalanda, Bihar.

4.

Bade Jamadar, S/o Late Ram Bachan Jamadar, Resident of VillageGauravchak, Narainpur, P.O.- Narayanpur, P.S.- Telhara, District- Nalanda, Bihar.

5.

Jasho Devi, W/o Rajdev Ram, Resident of Village- Gauravchak, Narainpur, P.O.- Narayanpur, P.S.- Telhara, District- Nalanda, Bihar. 6.

Nagina Jamadar, S/o Late Dukhan Jamadar, Resident of VillageGauravchak, Narainpur, P.O.- Narayanpur, P.S.- Telhara, District- Nalanda, Bihar.

7.

Pintu Kumar, S/o Late Ram Bachan Jamadar, Resident of VillageGauravchak, Narainpur, P.O.- Narayanpur, P.S.- Telhara, District- Nalanda, Bihar.

8.

Premchandra Kumar @ Prem Chandra Kumar, S/o Arjun Prasad @ Arjun Mistry, Resident of Village- Gauravchak, Narainpur, P.O.- Narayanpur, P.S.- Telhara, District- Nalanda, Bihar.

9.

Dharmendra Kumar @ Dharmendra Jamadar, S/o Uma Shankar Jamadar, Resident of Village- Gauravchak, Narainpur, P.O.- Narayanpur, P.S.- Telhara, District- Nalanda, Bihar.

10.

Jitendra Kumar @ Jitendra Jamadar, Son of Uma Prasad @ Uma Shankar Prasad, Resident of Village- Gauravchak, Narainpur, P.O.- Narayanpur, P.S.- Telhara, District- Nalanda, Bihar.

11.

Kanti Devi, W/o Umesh Mistri, Resident of Village- Gauravchak, Narainpur, P.O.- Narayanpur, P.S.- Telhara, District- Nalanda, Bihar. 12.

Ram Sagar Jamadar @ Ramsagar Vind, S/o Late Dukhan Jamadar, Resident of Village- Gauravchak, Narainpur, P.O.- Narayanpur, P.S.- Telhara, DistrictNalanda, Bihar. 13.

Uma Shankar Prasad @ Umashankar Prasad, S/o Late Dukhid Jamadar, Resident of Village- Gauravchak, Narainpur, P.O.- Narayanpur, P.S.- Telhara, District- Nalanda, Bihar.

14.

Vijindra Jamadar @ Vijendra Jamadar, S/o Late Dukhid Jamadar, Resident of Village- Gauravchak, Narainpur, P.O.- Narayanpur, P.S.- Telhara, DistrictNalanda, Bihar. 15.

Subodh Kumar @ Subodh Jamadar, S/o Vijindra Jamadar @ Vijendra Jamadar, Resident of Village- Gauravchak, Narainpur, P.O.- Narayanpur, P.S.- Telhara, District- Nalanda, Bihar.

16.

Mithu Kumar, S/o Vijendra Kumar @ Vijendra Jamadar, Resident of

2/4 Village- Gauravchak, Narainpur, P.O.- Narayanpur, P.S.- Telhara, DistrictNalanda, Bihar. 17.

Ranjit Bind @ Ranjit Jamadar, S/o Ram Bachan Bind, Resident of VillageGauravchak, Narainpur, P.O.- Narayanpur, P.S.- Telhara, District- Nalanda, Bihar.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Revenue and Land Reforms Department, Government of Bihar, Patna. 2.

The District Magistrate-cum-Collector, Nalanda. 3.

The Additional Collector, Nalanda.

4.

The Deputy Collector, Land Reforms, Hilsa, District Nalanda. 5.

The Circle Officer, Ekangarsarai, District Nalanda. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Niraj Kumar, Advocate For the Respondent/s :

Mr. Government Pleader (27) ====================================================== CORAM: HONOURABLE MR. JUSTICE RANA VIKRAM SINGH ORAL ORDER 23-06-2026 Heard learned counsel for the petitioner as well as for the State.

2. The petitioners (seventeen in numbers) have preferred this writ application for a direction to the respondents for issuance of Parcha in their name, pertaining to Khata No. 37 and 92 of Mauza-Tarapur, Tola-Gauravchak, Thana No.-32, Anchal & P.S.-Ekangarsarai, District-Nalanda (land in question) on the ground of them being landless persons hailing from EBC category and have been Bataidar of the landlord. They have further claimed that the aforesaid land as mentioned hereinabove have already been acquired by the

3/4 Government in Land Ceiling Case No. 30/74-75 and accordingly, Parcha have been issued in their favour/ancestors but later on those Parchas were withdrawn pursuant to the order dated 09.10.1996 passed by the Hon'ble High Court directing the authorities to ascertain the claim of landlord for additional unit. Further, they have also prayed that the District Magistratecum-Collector, Nalanda be directed to complete all necessary formalities relating to land in question so that Parchas could be issued in their favour.

3. Raising such grievances, the petitioners have already approached the respondent no. 2 i.e. the District Magistrate-cum-Collector, Nalanda by filing detailed representation (Annexure P-5) enclosing therewith relevant documents in support of their claim with the prayer to distribute the surplus land in their favour duly acquired by the Government, but this representation seems to be undated.

4. Averments made in the writ application contain bundle of facts raising multiple issues which is related to disputed question of fact, which cannot be looked into by this Court in the writ jurisdiction. Hence, in this backdrop, this application is disposed of with liberty to the petitioners to file a fresh representation in proper proforma, highlighting all those

4/4 grievances which has been raised herein, duly supported by documents which has been averred in the writ application, before the District Magistrate-cum-Collector, Nalanda within three weeks henceforth and the District Magistrate-cumCollector, Nalanda is duty bound to dispose of the representation so filed by the petitioners by a reasoned and speaking order within six weeks therefrom.

5. Accordingly, this writ application is disposed of in the aforesaid terms.

(Rana Vikram Singh, J) Supratim/ Smriti U