Bishuni Ahir @ Bishan Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.16407 of 2025 ====================================================== 1.
Bishuni Ahir @ Bishan Singh S/o Late Hem Raj Singh, Resident of Village Kaithi (Dera), P.S. Bagen, Block Brahmpur, Dist Buxar. 2.
Harendra Yadav, S/o Bishuni Ahir @ Bishan Singh, Resident of Village Kaithi (Dera), P.S. Bagen, Block Brahmpur, Dist Buxar. ... ... Petitioner/s
Versus
1.
The State of Bihar through the Additional Chief Secretary, Revenue and Land Reforms Deptt., Govt. of Bihar, Patna.
2.
The Collector, Buxar, Dist Buxar.
3.
The Deputy Collector, Land Reforms, Dumraon, Dist Buxar. 4.
The Circle Officer, Brahmpur Circle, Brahmpur, Dist Buxar. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Braj Bhushan Mishra, Adv.
For the State :
Mr. M.N.H. Khan, SC-1 Ms. Babita Kumari, AC to Sc-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 11-11-2025 The instant writ application has been filed under Article 226 of the Constitution of India by the petitioners seeking the following relief(s):
"(i) To direct the respondents not to disturb the physical possession of the petitioners over the land in question by the respondents or any body else.
(ii) To direct the respondents to receive the revenue/rent from the petitioners and issue revenue/rent receipt in their favour.
(iii) For any other relief/reliefs for which the petitioners are entitled."
2. Mr. Braj Bhushan Mishra, learned counsel
Patna High Court CWJC No.16407 of 2025(2) dt.11-11-2025 2/3 appearing for the petitioners and Mr. M.N.H. Khan, learned counsel appearing for the State-respondents are present and they are heard.
3. The main question raised by the petitioners in this writ application is that the respondents are disturbing their peaceful possession over the land in question which was settled by the Dumaraon Maharaj and further Revenue, Land Reforms Department opened Abhidhari Khata in the name of the petitioner Bishuni Ahir @ Bishan Singh in respect of the said land and rent receipt is also being issued in the name of petitioner no.1. It is submitted by the learned counsel for the petitioners that the petitioner no.1 has filed representations before the Collector, Buxar, the D.C.L.R., Dumraon and the Circle Officer, Brahmpur Circle, for redressing his grievance but no step has been taken by any of them, due to which the petitioners have filed this writ application .
4. This court is of the view that the issue raised by the petitioners is premature for consideration by this court under Article 226 of the Constitution of India and further efficacious remedy for redressing the petitioners' grievance is available to the petitioners under the various civil laws and the same should be availed by them.
Patna High Court CWJC No.16407 of 2025(2) dt.11-11-2025 3/3
5. Accordingly, the instant writ application is hereby disposed of with giving the petitioners liberty to approach the civil court for redressing their grievance.
6. The Collector, Buxar is directed to look into the petitioners' representation and take necessary steps as per the provision of law for redressing the petitioners' grievance relating to his jurisdiction, if in this regard a bonafide issue has been raised by the petitioners.
(Shailendra Singh, J) Rajiv/- U