Ram Lakhan Saw v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17212 of 2025 ====================================================== Ram Lakhan Saw, Son of Late Ganesh Saw, Resident of Village- Rajan, P.O. Rajan, Anchal- Gurua, P.S.- Gurua, District- Gaya now Gaya Ji, (Bihar). ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Old Secretariat, Patna. 2.

The Additional Chief Secretary -cum- Principal Secretary, Revenue and Land Reforms Department, Government of Bihar, Old Secretariat, Patna. 3.

The Deputy Secretary, Board of Revenue, old Secretariat, Patna, Bihar. 4.

The Bihar Bhoodan Yagna Committee, through its Chairman, New Punaichak, Patna.

5.

The Commissioner, Magadh Pramandal, Gaya now Gaya Ji. 6.

District Collector, Gaya now at present Gaya Ji. 7.

The Additional Collector, Gaya Ji.

8.

The Sub-Divisional Officer, Sherghati, District- Gaya now at present Gaya Ji.

9.

The Land Reforms Deputy Collector, Gaya Ji.

10.

The Circle Officer, Gurua, District- gaya now at present Gaya Ji. 11.

The Halka Karamchari, Gurua, District- Gaya now at present Gaya Ji. 12.

The Incharge Karyalaya Mantri, District Bhoodan Yagna Office, Collectorate Gaya Ji.

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

For the Petitioner/s :

Mr. Manish, Adv.

For the State :

Mr. S. Raza Ahmad, AAG-05 Mr. Vishwambhar Prasad, AC to AAG-05 For the Resp. Nos.4 &12:

Mr. Rajni Kant Singh, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 13-11-2025 The instant writ petition has been filed by the petitioner under Article 226 of the Constitution of India, seeking the following reliefs :

"(a) For issuance of writ in the nature of certiorari for quashing the letter no. 989 dated 19.3.2018, which had been issued by the then Chairman, Bihar Bhoodan Yagna committee, Patna

Patna High Court CWJC No.17212 of 2025(2) dt.13-11-2025 2/3 to Karyalaya Mantri District Bhoodan Yagna office, Gaya whereby and where under he has arbitrarily illegally and unlawfully cancelled the Bhoodan Parcha bearing no. 757547 dated 25.05.1991 earlier issued through Aam Sabha to the petitioner by seal and signature of the Karyalaya Mantri, Bihar Bhoodan Yagna Committee Gaya, while under the Bhoodan Act the Chairman has no power to cancel the parcha.

(b) For further quashing the letter no. 711 dated 19.7.2017 issued by the DCLR Sherghati to the Commissioner, Magadh Division Gaya whereby and where under he has directed to the Bihar Bhoodan Yagna Committee to cancel the Parwana with respect to the land in question Keeping in view its public utility as well as law and order in the present condition and also on the basis of enquiry report submitted by the Block Development Officer -cumCircle Officer Gurua vide its letter no. 499 dated 01.07.2017 as well as letter no. 513 dated 06.07.2017 and all the proceedings were initiated under the BLDR Act apparent from the letter itself which is contrary to the provisions of Bihar Bhoodan Act 1954 and also without noticing to the petitioner or without invoking section 21 of Bihar Bhoodan Act 1954. (c) For also issuance of writ in the nature of mandamus directing / commanding the concern respondents to restore the Bhoodan Parcha earlier issued in favour of the petitioner which was later cancelled arbitrarily under pressure of the concern villagers.

(d) For any other appropriate writ / writs, order/orders, direction / directions as this Hon'ble Court may deem fit and proper in the facts and circumstances of this case."

Patna High Court CWJC No.17212 of 2025(2) dt.13-11-2025 3/3

2. Mr. Manish, learned counsel for the petitioner, Mr. S. Raza Ahmad, learned AAG-05 for the State and Mr. Rajni Kant Singh, learned counsel for the Bihar Bhoodan Yagna Committee, are present and they are heard.

3. After some arguments, learned counsel for the petitioner seeks permission to withdraw this petition with a liberty to challenge the order dated 19.03.2018 (Annexure-P/8) of the then Chairman, Bihar Bhoodan Yagna Committee, Patna, by which the parwana (allotment) dated 25.05.1991 of the land in question, issued earlier in favour of the petitioner, has been cancelled, before the Bihar Land Tribunal (BLT) for availing the efficacious alternative remedy under the Bihar Land Tribunal Act, 2009.

4. Considering the aforesaid submission and prayer, the instant writ petition stands disposed of as withdrawn with the aforesaid liberty and the period spent by the petitioner in pursuing this writ petition shall be excluded while computing the necessary limitation period by the Bihar Land Tribunal (BLT) and further, the petitioner is given four weeks' time to approach the BLT for availing the aforesaid alternative remedy. (Shailendra Singh, J) annu/- U