Patna High Court
Mohan Lal Singh vs The State Of Bihar on 31 July, 2025
Author: Anshuman
Bench: Anshuman
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.8998 of 2019
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1. Mohan Lal Singh Son ofLate Shiv Lal Singh Resident of Village-Kanhor,
P.S.-Angarh, District-Purnea.
2. Bahadur Lal Singh Son of Julum Lal Singh Resident of Village-Kanhor,
P.S.-Angarh, District-Purnea.
3. Julum Lal Singh @ Julum Singh Son of Late Shiv Lal Singh Resident of
Village-Kanhor, P.S.-Angarh, District-Purnea.
... ... Petitioner/s
Versus
1. The State of Bihar through the Collector, Purnea.
2. The Sub Divisional Officer, Baisi, Sub Division, District-Purnea
3. The Circle Officer, Baisa Circle, District-Purnea.
4. Mohd. Ilyas Son of Late Sarfuddin Resident of Village-of Khata Toli, P.S.-
Angarh, District-Purnia.
5. Rahamatun Wife of Late Sarfuddin Resident of Village-of Khata Toli, P.S.-
Angarh, District-Purnia.
6. Most. Dariban Wife of Late Abdul Gaffar Resident of Village-of Khata Toli,
P.S.-Angarh, District-Purnia.
7. Md. Jahur Alam Son of Late Abdul Gaffar Resident of Village-of Khata Toli,
P.S.-Angarh, District-Purnia.
8. Najmun Nisa D/o Late Abdul Gaffar Resident of Village-of Khata Toli, P.S.-
Angarh, District-Purnia.
9. Mehrun Nisa D/o Late Abdul Gaffar Resident of Village-Kochgarh, P.S.-
Routa, District-Purnea.
10. Jahida D/o Late Abdul Gaffar Resident of Village-Kochgarh, P.S.-Rauta,
District-Purnea.
11. Rohina D/o Lat Abdul Gaffar Resident of Village-Fulwari, P.S.-Routa,
District-Purnea.
12. Abdul Mokit Son of Late Bibi Guleja and Late Tekan Resident of Village-
Khata Toli, P.S.-Angarh, District-Purnea.
13. Abdul Majid Son of Late Bibi Guleja and Late Tekan Resident of Village-
Khata Toli, P.S.-Angarh, District-Purnea.
14. Naushad Alam Son of Late Bibi Guleja and Late Tekan Resident of Village-
Khata Toli, P.S.-Angarh, District-Purnea.
15. Sakirum D/o Late Bibi Guleja and Late Tekan Resident of Village-Singhari,
P.S.-Routa, District-Purnea.
16. Asfa Khatoon Son of Late Bibi Guleja and Late Tekan Resident of Village-
Palan Koof, P.S.-Angarh, District-Purnea.
17. Shahnaj Son of Late Bibi Guleja and Late Tekan Resident of Village-
Chandaili, P.S.-Angarh, District-Purnea.
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18. Mohsina D/o Late Bibi Guleja and Late Tekan Resident of Village-Palasbari,
P.S.-Rauta, District-Purnea.
19. Jahanara Son of Late Bibi Guleja and Late Tekan Resident of Village-
Chandail, P.S.-Angarh, District-Purnea.
20. Rajia D/o Late Bibi Guleja and Late Tekan Resident of Village-Hafania,
P.S.-Amour, District-Purnea.
21. Jahrul Alam Son of Late Inamul and grand son of Late Pakhu Resident of
Village-Khata Toli, P.S.-Angarh, District-Purnea.
22. Mujammil Son of Late Inamul and grand son of Late Pakhu Resident of
Village-Khata Toli, P.S.-Angarh, District-Purnea.
23. Ajmal Son of Late Inamul and grand son of Late Pakhu Resident of Village-
Khata Toli, P.S.-Angarh, District-Purnea.
24. Noordana W/o Late Samsul Haque and D/o in law of Late Pakhu Resident of
Village-Khata Toli, P.S.-Angarh, District-Purnea.
25. Md. Hasnain Son of Late Samsul Haque and S/o Late Pakhu Resident of
Village-Khata Toli, P.S.-Angarh, District-Purnea.
26. Anwarul Son of Late Samsul Haque and S/o Late Pakhu Resident of Village-
Khata Toli, P.S.-Angarh, District-Purnea.
27. Most. Hajra Khatoon W/o Late Md. Yunus and D/o in law of Late Jhari Bux
Resident of Village-Khata Toli, P.S.-Angarh, District-Purnea.
28. Md. Hasib Son of Late Md. Yunus and grand son of Late Jhari Bux Resident
of Village-Khata Toli, P.S.-Angarh, District-Purnea.
29. Md. Habibur Rahman Son of Late Md. Yunus and grand son of Late Jhari
Bux Resident of Village-Khata Toli, P.S.-Angarh, District-Purnea.
30. Md. Sohail Son of Late Md. Yunus and grand son of Late Jhari Bux Resident
of Village-Khata Toli, P.S.-Angarh, District-Purnea.
31. Hasmera D/o Late Md. Yunus and Grand daughter of Late Jhari Bux
Resident of Village-Baulan, P.S.-Rauta, District-Purnea.
32. Gul Chaman D/o Late Md. Yunus and grand daughter of Late Jhari Bux Not
Address
33. Most. Badrun Nisa W/o Late Md. Idris and Daughter in law of Late Jhari
Bux Not Address
34. Sah Jamal Son of Late Md. Idris and grand son of Late Jhari Bux Resident
of Village-Khata Toli, P.S.-Angarh, District-Purnea.
35. Riaz Son of Late Md. Idris and grand son of Late Jhari Vux Resident of
Village-Khata Toli, P.S.-Angarh, District-Purnea.
36. Md. Mahfooj Alam Son of Late Md. Idris and grand son of late Jhari Bux
Resident of Village-Khata Toli, P.S.-Angarh, District-Purnea.
37. Md. Jahangir Alam Son of Late Md. Idris and grand son of Late Jhari Bux
Resident of Village-Khata Toli, P.S.-Angarh, District-Purnea.
38. Samina Khatoon D/o Late Md. Idris and grand daughter of Late Jhari Bux
Resident of Village-Maheshbathna, P.S.-Rauta, District-Purnea.
39. Afsana Begum D/o Late Md. Idris and grand daughter of Late Jhari Bux
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Resident of Village-Khata Toli, P.S.-Angarh, District-Purnea.
40. Rukhsana Begum D/o Late Md. Idris and grand daughter of Late Jhari Bux
Resident of Village-Sirsi, P.S.-Rauta, District-Purnea.
41. Sabina Khatoon D/o Late Md. Idris and grand daughter of Late Jhari Bux
Resident of Village-Sirsi, P.S.-Rauta, District-Purnea.
42. Md. Sahid Alam Son of Late Jhari Bux Resident of Village-Khata Toli, P.S.-
Angarh, District-Purnea.
43. Md. Jahid Son of Late Jhari Bux Resident of Village-Khata Toli, P.S.-
Angarh, District-Purnea.
44. Abdul Rajjak Son of Late Jhari Bux Resident of Village-Khata Toli, P.S.-
Angarh, District-Purnea.
45. Jahrun Nisa D/o Late Jharibux and Wife of Late Mujafarul Resident of
Village-Chandail, P.S.-Angarh, District-Purnea.
46. Jainuddin grand son of Late Jharibux Resident of Village-Baulan, P.S.-
Rauta, District-Purnea.
47. Wallahir Grand son of Late Jhari bux Resident of Village-Baulan, P.S.-
Rauta, District-Purnea.
48. Mojibul Grand son of Late Jhari bux Resident of Village-Baulan, P.S.-Rauta,
District-Purnea.
49. Sanjari Begum Grand daughter of Late Jhari Bux Resident of Village-
Baulan, P.S.-Rauta, District-Purnea.
50. Akhtarun nisa Grand daughter of Late Jhari Bux Resident of Village-Baulan,
P.S.-Rauta, District-Purnea.
51. Jalerun Nisa Grand daughter of Late Jharibux Resident of Village-Thithya,
P.S.-Angarh, District-Purnea.
52. Mofijuddin Son of Late Mohd. Iqbal and late Kafulan Resident of Village-
Khata Toli, P.S.-Angarh, District-Purnea.
53. Mohd. Ansari Son of Late Mohd. Iqbal and Late Kafulan Resident of
Village-Khata Toli, P.S.-Angarh, District-Purnea.
54. Md. Kaisar Son of Late Mohd. Iqbal and Late Kafulan Resident of Village-
Khata Toli, P.S.-Angarh, District-Purnea.
55. Mohd. Nauraj Son of Late Mohd. Iqbal and Late Kafulan Resident of
Village-Khata Toli, P.S.-Angarh, District-Purnea.
56. Aftawi D/o Late Mohd. Iqbal and late Kafulan Resident of Village-Khata
Toli, P.S.-Angarh, District-Purnea.
57. Md. Aiyub Son of Late Janetun and grand son of Late Kantu Resident of
Village-Khata Toli, P.S.-Angarh, District-Purnea.
58. Md. Quiyum Son of Late Janutun and grand son Late Kantu Resident of
Village-Khata Toli, P.S.-Angarh, District-Purnea.
59. Mustaque Son of Late Janetun and grand son of Late Kantu Resident of
Village-Khata Toli, P.S.-Angarh, District-Purnea.
60. Md. Mukhtar Son of Late Janetun and grand son of Late Kantu Resident of
Village-Khata Toli, P.S.-Angarh, District-Purnea.
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61. Bibi Jamila D/o Late Janetun and grand d/o Late Kantu Resident of Village-
Khata Toli, P.S.-Angarh, District-Purnea.
62. Bibi Fatma D/o Late Janetun and grand D/o Late Kantu Resident of Village-
Kamaldah Saharyara, P.S.-Rauta, District-Purnea.
63. Md. Shabbir Son of Late Balahir and grand Son of Late Janutan Not Address
64. Md. Nehal Son of Late Balahir and grand son of Late Janutan Resident of
Village-Khata Toli, P.S-Angarh, District-Purnea.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Md. Helal Ahmad, Advocate
For the Respondent/s : Mr. Md.Khurshid Alam (AAG-12)
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CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL JUDGMENT
Date : 31-07-2025
Heard learned counsel for the petitioners and
learned counsel for the State.
2. The present writ petition has been filed for
setting aside the order dated 07.12.2018 passed in BLT Case No.
144 of 2017, whereby and whereunder the order granting the
status of Raiyati Right under Section 48(D), dated 27.01.2010,
passed by the Circle Officer, Baisa in Original Case No. 13 of
2009-10, as well as the order dated 28.06.2012 passed in Appeal
Case No. 05 of 2011-12, has been set aside without recalling the
ex-parte order dated 04.08.2017, whereby the BLT Case No.
144 of 2017 was directed to proceed ex-parte.
3. Learned counsel for the petitioners submits that
the BLT case was fixed ex-parte, and by virtue of I.A. No. 577
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of 2018, the present petitioner appeared and filed a petition on
28.09.2018
for recall of the ex-parte order, however, without
passing any order on the recall petition, the Court proceeded to
treat the case as ex-parte.
4. Counsel further submits that the orders passed by
the Circle Officer and in appeal were both in favour of the
petitioners, by which the petitioner had acquired the status of
Raiyat. However, the order passed by the BLT has been made in
such a manner that the said status now stands extinguished.
5. Counsel further submits that the Circle Officer
had categorically held that the grandfather of the petitioners was
recorded as a Sikmidar in respect of the disputed land, and the
petitioners, being his grandsons and legal heirs, have rights over
the said land. They have been in continuous possession of the
disputed land for the last 51 years. Considering this aspect, the
Circle Officer decided the matter in favour of the petitioners and
directed them to deposit 24 times the rent payable to the State,
i.e., Rs. 168, as compensation. Thereafter, the petitioners
acquired the status of Raiyati.
6. Counsel further submits that the private
respondents, i.e., the alleged landlords, filed the appeal with
delay, and therefore, the appeal was dismissed. It is also
Patna High Court CWJC No.8998 of 2019 dt.31-07-2025
submitted that before the BLT, the case was decided ex-parte
against the petitioners, and despite the fact that the petitioners
had filed an interlocutory application and made relevant
pleadings, the ex-parte order was not set aside, and the case
proceeded ex-parte. Hence, the petitioners have filed the present
writ petition, seeking that the order passed by the BLT be set
aside.
7. Learned counsel for the State, on the other hand,
submits that the present dispute is admittedly under Section
48(D) of the Bihar Tenancy Act, 1885 (Act No. VIII of 1885).
Counsel further submits that the matter was initially decided by
the Circle Officer, Baisa, in Original Case No. 13 of 2009-10,
vide order dated 27.01.2010. It is submitted that the said order
was essentially an ex-parte order passed in favour of the Sikmi
Raiyat, whereby he was declared to have acquired Raiyati rights
over the land in question. Against this order, the landlords
preferred an appeal in Appeal No. 05 of 2011-12, which was
dismissed vide order dated 28.06.2012 on the ground of delay in
filing the appeal. Thereafter, BLT Case No. 144 of 2017 was
filed and was allowed vide order dated 07.12.2018, whereby the
order dated 27.01.2010 passed by the Circle Officer, Baisa, in
Original Case No. 13 of 2009-10, as well as the order dated
Patna High Court CWJC No.8998 of 2019 dt.31-07-2025
28.06.2012 passed in Appeal No. 05 of 2011-12, were set aside.
8. Counsel further submits that since the original
orders, by which the status of the petitioners as Sikmi was
converted to Raiyati rights, were passed entirely ex-parte, no
opportunity was granted to the landlords to be heard.
9. After hearing the parties, it transpires to this
Court that the Bihar Land Tribunal (BLT) observed that the
records do not indicate how the Sikmi Raiyat was directly
declared as a Raiyat without a switch-over in rights / acquiring
the status of an Occupancy Raiyat.
10. This Court, upon going through the record,
finds that the proceedings before the original forum, the
appellate forum, and the BLT were all conducted ex-parte.
Therefore, this Court is of the firm view that the matter ought to
be decided in the presence of all parties. Non-interference with
the BLT order will result in the matter being contested between
the parties, and thereafter, it may be decided afresh under
Section 48(C) / 48(D) of the Bihar Tenancy Act, 1885.
Accordingly, this Court is not inclined to interfere with the
impugned order.
11. Accordingly, the present writ petition stands
dismissed.
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12. It is directed that the petitioners shall file a
fresh application / representation along with a copy of this order
before the Circle Officer, Baisi, Purnea within 90 days from the
date of production / receipt of this order.
(Dr. Anshuman, J.)
Aman Kumar/-
AFR/NAFR
CAV DATE NA
Uploading Date
Transmission Date NA
