Kamleshwari Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.16140 of 2025 ====================================================== Kamleshwari Mandal S/o Late Pannalal Mandal, Resident of Village-Nathpur Rangra, P.S. Barhara, Distt. Purnea.
... ... Petitioner/s
Versus
1.
The State of Bihar through Additional Chief Secretary, Revenue and Land Reforms Department, Government of Bihar.
2.
The Commissioner Purnea Division, x 3.
The District Collector, Purnea.
4.
The Additional Collector Ceiling Distt., Purnea. 5.
The District Treasury Officer, Distt. Purnea. 6.
The Deputy Collector Land Reforms (D.C.L.R.), Distt. Purnea. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Ms.Rajani Kumari, Advocate For the Respondent/s :
Mr.Government Pleader (17) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 04-11-2025 Heard Ms. Rajani Kumari, learned counsel for the petitioner and the State.
2. The present petition has been preferred for the following relief/s:
(i) for issuance of Writ in the nature of mandamus to direct the respondents concerned to return refund the amount of Rs.10,00000\- (Ten lakh) in the account no.
11634260683 the State Bank of India Branch Bihariganj Distt., Purnea of the Petitioner.
Whereby and Whereunder on 01.9.2015
Patna High Court CWJC No.16140 of 2025(2) dt.04-11-2025 2/3 father of the Petitioner was filed Ceiling case no.5/2015-16 u/s 16(3) (Pre-emption) of the Ceiling Act before the Deputy Collector land reform (D.C.L.R), Dhamdaha, Distt. Purnea and deposited the aforesaid amount in account of the Govt. of Bihar Vide the Treasury Chalan no.273 dt.1.9.2015 total amount Rs.10,00000\-(Ten lakh) rupees according to Ceiling Act and the Deputy Collector Dhamdaha, Distt.
Purnea passed the order in favour of the father of the Petitioner. Thereafter Opp.Party no.2 namely Fudari Devi preferred Ceiling appeal no.5/2017-18 before the Additional Collector Ceiling, Purnea and Additional Collector Ceiling, Purnea set a side the order dt.02.7.2017 passed by Deputy Collector land reforms Dhamdaha. Distt. Purnea on 02.06.2018 but deposited amount Rs 10,00000/- (Ten lakh) is not returned to the account of father of the petitioner as yet by the respondent
Patna High Court CWJC No.16140 of 2025(2) dt.04-11-2025 3/3 Concerned which is Illegal against the eye of law;
(ii) for issuance of any other relief or reliefs for which Petitioner is entitled with the facts and circumstances of the case.
3. This Court has gone through the facts of the case and is convinced that the claim put forward by the petitioner/heirs is/are proper.
4. In that background, with the consent of the parties, the petitioner is allowed to file a fresh petition before the respondent no.2, the Commissioner, Purnea Division, Purnea in next four weeks who shall be taking up the matter and deciding the case of the petitioner at an earliest preferably by 31.03.2026.
5. The writ petition is disposed of with the observation.
(Rajiv Roy, J) Ravi/- U