Citation : 2025 Latest Caselaw 3245 Patna
Judgement Date : 27 August, 2025
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.15846 of 2021
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1. Uday Choudhary Son of Late Baliram Choudhary, resident of Village and
P.O. Belaur Police Station- Udwant Nagar, District - Bhojpur.
2. Awadhesh Choudhary, Son of Late Baliram Choudhary, resident of Village
and P.O. Belaur Police Station- Udwant Nagar, District - Bhojpur.
... ... Petitioner/s
Versus
1. The State of Bihar through Additional Chief Secretary Revenue Department,
Bihar, Patna.
2. The Joint Director Consolidation, Bihar, Patna.
3. The Deputy Director Consolidation, Bhojpur, Ara.
4. The Consolidation Officer, Udwant Nagar, Bhojpur.
5. Surendra Choudhary Son of Late Lakshman Choudhary, resident of Village
and P.O.- Belaur, P.S. Udwant Nagar, District - Bhojpur.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjay Kumar, Advocate
Mr. Brajesh Prasad Gupta, Advocate
For the Respondent/s : Mr. Viveka Nand Singh, Advocate
Mr. Raj Kishore Roy, GP 18
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CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI
ORAL JUDGMENT
Date : 27-08-2025
The petitioner has challenged the order passed by the
Chairman, Bihar Land Tribunal in B.L.T Case No. 404 of 2019
on 9th June 2021.
2. By filing the aforesaid case the petitioners prayed for
setting aside of an order dated 26.02.2019 passed by the Joint
Director, Consolidation, Bihar, Patna in Revision Case No. 286
of 2017 which was dismissed by the Joint Director,
Consolidation, Bihar affirming the order dated 05.09.2017 Patna High Court CWJC No.15846 of 2021 dt.27-08-2025
passed by the Deputy Director, Consolidation, Bhojpur. The
petitioners are claiming half share of the land on the basis of
C.S record of rights on the other hand, the respondent no. 5 is
claiming ¾ portion of the disputed land on the basis of
subsequent record of rights, i.e., R.S record of rights. The
Tribunal rightly relied upon the subsequent record of rights
prepared in accordance with law and held that ¾ of the disputed
property is recorded in the name of respondent no. 5 over which
the petitioners cannot claim any possession.
3. Considering such circumstances and on careful perusal
of the impugned order passed by the Tribunal on 9th June, 2021,
I do not find any illegality for issuance of any writ against the
impugned order. Accordingly, the instant writ petition is
dismissed on contest.
4. Parties are at liberty to take appropriate action before
the competent court of law.
(Bibek Chaudhuri, J) Prakash/-
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