Mauji Ram And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10466 of 2017 ====================================================== 1.

Mauji Ram S/o Late Jagat Ram 2.

Bijendra Ram S/o Late Sukhdeo Ram both resident of Village-Kadmaha, P.S.- Bhargama, District-Araria 3.

Jageshwar Ram S/o Late Anup Ram 4.

Nago Ram S/o Late Achhamit Ram both resident of Village-Kadmaha, P.S.- Bhargama, District-Araria ... ... Petitioner/s

Versus

1.

The State Of Bihar through the Principal Secretary Land & Revenue Department, Bihar, Patna 2.

The Commissioner, Purnea Division, Purnea 3.

The Additional Collector, Araria 4.

The S.D.O., Forbisganj, Araria 5.

The Deputy Collector Land Reform, Forbisganj, Araria 6.

The Circle Officer, Bhargama Block, District-Araria 7.

Nitya Nand Bhagat 8.

Raghu Nandan Bhagat 9.

Hari Nandan Bhagat

10. Md. Kamrul Hasan S/o Late Yakub Mian All 7 to 9 are sons of Late Sitaram Bhagat, all 7 to 10 are resident of VillageVeernagar, Tola-Kadmaha, P.S.-Bhargama, District-Araria ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pramod Kumar Mallick, Advocate For the State :

Mr. Rishi Raj Sinha, SC-19 :

Mr. Manoj Kumar Sinha, AC to SC-19 For the Pvt. Respondent :

Mr. Ram Shanker Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 09-12-2025 Heard the parties.

2. The present petition has been preferred for the grant of following relief(s):

"(i) to direct the respondent No.-3, the Collector 1st set Araria to hand over the

Patna High Court CWJC No.10466 of 2017(3) dt.09-12-2025 2/3 possession of land which is allotted to the petitioners by way of Red Card.

(ii) to direct the respondent No.-06, the Circle Officer Bhargama Block to execute the order of the Collector, passed on 28/01/2002. (iii) to direct the respondents 2nd set to monitor the entire proceeding in respect of the handed over the land to the petitioner within time.

(iv) to grant any other relief/ reliefs as to which the petitioners are entitle in the facts and circumstances of the case."

3. It seems that Land Ceiling Appeal Case No. 23 of 1991-92/66 of 1994-95 and 38 of 1996-97 (Nityanand Bhagat and Ors. vs. The State of Bihar and Ors.) were pending before the Court of Additional Collector, Araria in which an order came to be passed on 28.01.2002 (Annexure-4 to the petition). By this order, the landholders were allowed to retain the land which was shown as acquired vide notification no. 2896 dated 19.06.1991.

4. The petitioners claim that for the said land, they were issued rate card but not given possession. The stand of the State is that once the landholder got the said land back, the

Patna High Court CWJC No.10466 of 2017(3) dt.09-12-2025 3/3 petitioners cannot be granted the same.

5. At this stage, learned counsel for the petitioner submits that they are landless and it will suffice if they are given land at any place so that they reside with their families.

6. The State has no objection.

7. In that background, the writ petition is disposed of allowing the petitioner to individually move before the Collector, Araria who shall be getting a report from the concerned Circle Officer, and shall be taking the matter to its logical conclusion at an earliest.

8. The writ petition is disposed of with the aforesaid observation.

(Rajiv Roy, J) vinayak/- U