Patna High Court
Chandrakala Devi vs The State Of Bihar on 27 August, 2025
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.15216 of 2021
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1. Chandrakala Devi Wife of Ramanand Paswan Resident of Village -
Phulwariya, Anchal - Hanuman Nagar, P.S.- Hanuman Nagar, District -
Darbhanga.
2. Harinam Paswan Son of Bhavichan Paswan, Resident of Village -
Phulwariya, Anchal - Hanuman Nagar, P.S.- Hanuman Nagar, District -
Darbhanga.
3. Jagdish Paswan, Son of Parikshan Paswan, Resident of Village - Phulwariya,
Anchal - Hanuman Nagar, P.S.- Hanuman Nagar, District - Darbhanga.
4. Jagdev Paswan, Son of Bengali Paswan, Resident of Village - Phulwariya,
Anchal - Hanuman Nagar, P.S.- Hanuman Nagar, District - Darbhanga.
... ... Petitioner/s
Versus
1. The State of Bihar through Principal Secretary, Revenue and Land Reform
Department, Bihar, Patna.
2. The District Magistrate, Darbhanga.
3. The Sub Divisional Officer, Sadar, Darbhanga.
4. The Deputy Commissioner Law Reforms Sadar, Darbhanga.
5. The Circle Officer, Hanuman Nagar, Darbhanga.
6. The Officer-In-charge, Bishanpur Police Station, Darbhanga.
7. Anaiki Rai Son of Yogi Rai, resident of Village - Uchauli, P.S. Hayaghat,
District- Darbhanga.
8. Satnam Rai, Son of Mahendra Rai, resident of Village - Uchauli, P.S.
Hayaghat, District - Darbhanga.
9. Harnam Rai, Son of Mahendra Rai, resident of Village - Uchauli, P.S.
Hayaghat, District - Darbhanga.
10. Satrudhan Rai, Son of Sahdeo Rai, resident of Village - Uchauli, P.S.-
Hayaghat, District - Darbhanga.
11. Udagar Rai, Son of Pragas Rai, resident of Village -Chhatona, P.S.
Hayaghat, District - Darbhanga.
12. Kalpu Rai, Son of Pragas Rai, resident of Village -Chhatona, P.S. Hayaghat,
District - Darbhanga.
13. Jawahar Rai, Son of Dodhai Rai, resident of Village -Chhatona, P.S.
Hayaghat, District - Darbhanga.
14. Sukharu Rai, Son of Ramphal Rai, resident of Village -Chhatona, P.S.
Hayaghat, District - Darbhanga.
15. Laxman Thakur, Son of Dev Narayan Thakur, resident of Village - Rajpa,
P.S.- Kalyanpur, District - Samastipur..
16. Subodh Thakur, Son of Bhupnarayan Thakur, resident of Village - Rajpa,
P.S.- Kalyanpur, District - Samastipur..
17. Sushil Thakur, Son of Unknown, resident of Village - Rajpa, P.S.-
Patna High Court CWJC No.15216 of 2021 dt.27-08-2025
2/5
Kalyanpur, District - Samastipur..
18. Shankar Mishra, Son of Sahdev Mishra, resident of Village - Hanuman
Nagar, P.S. Bishanpur, District - Darbhanga.
19. Ram Kumar Mishra, Son of Sahdev Mishra, resident of Village - Hanuman
Nagar, P.S. Bishanpur, District - Darbhanga.
20. Ramjee Mishra, Son of Ameri Mishra, resident of Village - Hanuman Nagar,
P.S. Bishanpur, District - Darbhanga.
21. Bambam Mishra, Son of Yogi Mishra, resident of Village - Hanuman Nagar,
P.S. Bishanpur, District - Darbhanga.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Girish Chandra Jha, Advocate
Mr. Ashish, Advocate
For the State : Mr. SC 23
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CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI
ORAL JUDGMENT
Date : 27-08-2025
It is the case of the petitioners that they belong to
scheduled castes and scheduled tribes community as the
petitioners were landless, they were granted Parwana in respect
of the disputed land by the official respondents under the
provisions of The Bihar Land Reforms (Fixation of Ceiling Area
and Acquisition of Surplus Land) Act, 1961. It is needless to say
that as per the Parwana, the land is heritable but not transferable.
The said Parwana was granted on 11.05.2006. Further case of
the petitioners is that the petitioners have been maintaining their
livelihood by cultivating wheat on the said land. The private
respondents no. 7 to 21 having no right title and possession over
the property in question have dispossessed the petitioners in
contravention of the Parwana granted by the State respondents
Patna High Court CWJC No.15216 of 2021 dt.27-08-2025
in favour of the petitioners. The petitioners submitted
representations to the District Magistrate, Sub Divisional Officer
and D.C.L.R, Darbhanga for redresal of their grievances but no
fruitful result is obtained.
2. It is clearly stated in Paragraph 4 of The Bihar Land
Disputes Resolution Act, 2009 Act as here-under :
"4. Jurisdiction and authority to resolve disputes.-
(1) The competent authority shall have jurisdiction
and authority to hear and adjudicate, on an
application or complaint or on any application
referred to by a Prescribed Authority or officer, any
issue arising out of following types of disputes:-
(a) Unauthorised and unlawful dispossession
of any settlee or allottee from any land or
part thereof, settled with or allotted to him
[or under any Act or policy of the State or
Central Government providing for settlement
of government land to the persons of any
specified category] under any
document/parcha by a competent Authority ;
(b) Restoration of possession of settled/
allotted land in favour of legally entitled
settlee/ allottee or his successors/heirs, upon
adjudication of unauthorized and unlawful
dispossession;
(c) Threatened dispossession of a legally
entitled settlee/ allottee;
(d) Any of the matters enumerated in (a), (b)
Patna High Court CWJC No.15216 of 2021 dt.27-08-2025
and (c) above appertaining to raiyati land;
(e) Partition of land holding;
(f) Correction of entry made in the record of
rights including map/survey map.
(g) Declaration of the right of a person;
(h) Boundary disputes;
(i) Construction of unauthorized structure;
and
(j) Lis pendens transfer.
(2) The Competent Authority shall not have
jurisdiction to review or reopen any finally
concluded and adjudicated proceeding under any
of the Acts contained in Schedule-1. The competent
authority shall exercise his authority for resolving
the dispute brought before him on the basis of any
final order passed by any of the authorities
empowered to do so in the Acts contained in
Schedule-1 of this Act.
(3) The competent authority shall not have
jurisdiction to adjudicate any fresh rights of
allottee/settlee or a raiyat which is not yet
determined and is required to be determined in
accordance with provisions contained in any of the
Acts contained in Schedule-1:
Provided that where rights of allottee/ settlee
or raiyat are already determined under any of the
Acts contained in Schedule-1, the competent
authority shall have jurisdiction to entertain cases
appertaining to matters enumerated in sub-section
(1).
Patna High Court CWJC No.15216 of 2021 dt.27-08-2025
(4) Notwithstanding anything contained in sub-
section (2) and (3) hereinabove, if no provision is
made in any of the Acts contained in Schedule-1 for
determination of rights of allottee / settlee or raiyat
and claimed right is yet to be determined, it shall
be open to the competent authority to finally
determine such right.
(5) The competent authority, wherever it appears to
him that the case instituted before him involves
complex question of adjudication of title, he shall
close the proceeding and leave it open to parties to
seek remedies before the competent Civil Court."
3. In view of such provisions, the respondents are
directed to treat representations filed by the petitioners as an
application under Section 4 of the said Act and dispose of the
same within four months from the date of communication of this
order.
4. The instant writ application is accordingly, disposed of.
(Bibek Chaudhuri, J)
Prakash/-
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