Amar Nath Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.18127 of 2025 ====================================================== 1.
Amar Nath Yadav, Son of Late Anandi Yadav, Resident of VillageRamchandrapur, P.O.- Kehuniya, P.S.- Pranpur, District- Katihar. 2.
Jai Nath Yadav, Son of Late Anandi Yadav Resident of VillageRamchandrapur, P.O.- Kehuniya, P.S.- Pranpur, District- Katihar. ... ... Petitioner/s
Versus
1.
The State of Bihar through the Additional Chief Secretary, Revenue and Land Department, Govt. of Bihar, Patna.
2.
The Collector, Katihar.
3.
The Additional Collector, Katihar.
4.
The Circle Officer, Pranpur, Katihar.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bhola Prasad, Adv.
For the Respondent/s :
Mr. Prabhakar Jha, GP-27 ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 19-11-2025 The instant writ application has been filed under Article 226 of the Constitution of India by the petitioners seeking the following relief(s):
" (i) That this is an application for issuance of an appropriate writ, order or direction or a writ of mandamus directing the Respondents Authorities to exempt the land bearing Khata No. 09, Plot No. 808 area 80 decimal situated at Mauza-Ramchandranpur, Anchal-Pranpur in the District-Katihar which is the purchased land of the petitioners (father of the petitioners had purchased on 29.06.1966 through registered sale deed from the sons of purchased Late Barti Yadav) and they are in peaceful physical possession since the date of purchase Barti Yadav had purchased the land in dispute through Power of
Patna High Court CWJC No.18127 of 2025(2) dt.19-11-2025 2/3 Attorney holder Hirendra Narayan Singh (Khatiyan land holder was Ajit Narayan Singh).
(ii) That further the Respondents Authorities, Specially Circle Officer, Pranpur, Katihar be directed to Reopen the Zamabandi of the land in dispute in the names of the petitioners and enter their names in the Register-II of the Block Records and grant rent receipts in their names after receiving rent. (iii) That further declaring the names of the petitioners in chakbandi khatiyan standsrecorded is a valid document and to Revenue Court can interfere in it."
(iv) For any other relief (s) for which the petitioners are entitled in the facts and circumstance of the case."
2. Mr. Bhola Prasad, learned counsel appearing for the petitioners and Mr. Prabhakar Jha, learned counsel appearing for the State-respondents are present and they are heard.
3. The main issue raised by the petitioners in this writ petition is that the the land in question which was purchased by the father of the petitioners on 29.06.1966 through registered sale deed, was not exempted from the ceiling proceedings initiated under Section 15 (1) of the Ceiling Act against the land-holders and the petitioners as well as their father were not made a party and also were not given an opportunity of hearing though the said ceiling case has been disposed of, however, the petitioners have filed a fresh pettiion on 24.01.2025 (Annexure-
Patna High Court CWJC No.18127 of 2025(2) dt.19-11-2025 3/3 P/4) and the same has been filed under Sub-Section 4 of Section 30 of the Ceiling Act.
4. Mr. Prabhakar Jha, learned counsel appearing for the State-respondents, submits that the petitioners are not entitled to get any relief under Sub-Section 4 of Section 30 of the Ceiling Act and their case is not maintainable under the Ceiling Act before the Collector, Katihar.
5. After having heard both the sides, this court finds that the issue raised by the petitioners is premature for consideration, however, the Collector, Katihar is directed to decide the petitioners' case according to merit within eight weeks from the date of receipt or production of this order's copy as per the provisions of law.
6. Accordingly, the instant writ petition stands disposed of.
(Shailendra Singh, J) Rajiv/- U