Man Mohan Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10317 of 2025 ====================================================== Man Mohan Jha Son of Late Bhagwan Dutta Jha, Resident of Village and P.O- Orhara, Police Station- Rajoun, District- Banka at present residing at 206,1D, Opposite - Sarnvatika, New Patliputra Colony, Patana - 800013. ... ... Petitioner/s

Versus

1.

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

2.

The Collector, Banka.

3.

The Additional Collector, Banka.

4.

The Deputy Collector Land Reforms, Banka.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Jitendra Pd. Singh, Sr. Adv.

Mr. Abhishek, Adv.

Mr. Varun Krishna Singh, Adv.

For the Respondent/s :

Mr. Md. Irshad, AC to SC-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 30-06-2026 Heard the parties.

2. The present application has been preferred for the following relief(s):

for issuance of a writ in the nature of mandamus directing the respondent to refund the purchase money together with a sum equal to 10% amounting to Rs.18,70,550/- pursuant to the repeal of SubSection 3 of Section 16 and addition of Section 4 (II) of the Bihar Land Reforms (Fixation of Ceiling and Acquisition of Surplus Land) Amendment Act, 2016 (hereinafter referred as the Ceiling Act) with interest deposited by the petitioner at the time of filing of Ceiling (Pre-emption) Case

Patna High Court CWJC No.10317 of 2025(2) dt.30-06-2026 2/2 No.05 of 2011-12 and 06 of 2011-12 in the Court of D.C.L.R. Banka through Treasury Challan in prescribed manner and/or to grant of any other relief/reliefs for which the petitioner is legally entitled in the facts and circumstances of the case.

3. Learned Senior Counsel submits that now that the law has changed so far as the pre-emption is/are concerned, the money that was deposited has still not been returned.

4. Let the petitioner prefer a petition before the respondent no. 2, the Collector, Banka in next four weeks who shall be looking into the matter and shall pass an order with regard to the refund of the amount.

5. The writ petition is disposed of with aforesaid observation.

(Rajiv Roy, J) Vijay Singh/- U