[Cites 2, Cited by 0]
Patna High Court
Kaushal Kishore Prasad Singh vs The State Of Bihar on 12 February, 2026
Author: Purnendu Singh
Bench: Purnendu Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2005 of 2026
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Kaushal Kishore Prasad Singh S/o Late Braj Mohan Prasad Singh, Resident
of Village and P.S. Nawkothi, Dist.- Begusarai, presently residing at Opposite
Indian Bank, Kachahari Road, P.S. and Dist. - Begusarai - 851101.
... ... Petitioner/s
Versus
1. The State of Bihar.
2. The Chief Secretary, Government of Bihar, Patna.
3. Additional Chief Secretary, Revenue and Land Reforms Deptt. Govt. of
Bihar, Patna 800001.
4. The Collector Cum District Magistrate, Begusarai, 851101.
5. The Additional Collector, Begusarai, 851101.
6. The Circle Officer, Begusarai, 851101.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Yogendra Mishra, Advocate.
Mr. Ajatshatru, Advocate.
Ms. Swati Mishra, Advocate.
For the State : Mrs.Archana Minakshi, GP-6.
Mr. Prabhat Ranjan, AC to GP-6.
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CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL JUDGMENT
Date : 12-02-2026
Heard learned counsel appearing on behalf of the
petitioner and learned counsel for the State.
2. The petitioner in paragraph no. 1 of the present
writ petition has sought, inter alia, following relief(s), which is
reproduced hereinafter:-
"A. To quash the order dated 5.7.2025 [Ann-
P/12] passed in Miscellaneous case No. 05/25-26 by the ld.
Collector cum D.M., Begusarai Respondent no. 4 whereby
he has rejected the said case stating therein that the
"Bakast" land in question does not fulfil the terms of
resolution no. 925(6) dated 11.11.2014 [Ann-P/13] to be
"Rayatikaran".
B. For issuance of an order, direction or a
writ of Mandamus for commanding the respondent
Patna High Court CWJC No.2005 of 2026 dt.12-02-2026
2/8
authorities to delete plots from the District Gazette bearing
Notification no. 45 dated 20.6.1976, as mentioned in orders
of Additional Collector", Begusarai, dated 13.3.1978
passed in Ceiling Appeal case no. 85/1976-77 [Ann- P/5]
and order dated 13.5.1978 [Ann- P/6] passed in Ceiling
Appeal case no. 87/76-77. The detail of land is prescribed
in paragraph no. 6 of this writ petition.
C. For issuance of an order, direction or a
writ of Mandamus commanding the respondent authorities
to act as per the order dated 13.3.1978 & 13.5.1978 [Ann-
P/5 & P/6] which has been passed in view of Decree dated
7.1.1958
& order of Hon'ble High Court dated 22.8.1967
[Ann-P/1 & P/2], treating the plots referred in paragraph 6
of the petition as Raiyati land.
D. For issuance of an order, direction or a
writ of Mandamus for commanding the respondent
authorities to implement / comply with the order dated
13.3.1978 & 13.5.1978 [Ann- P/5 & P/6] passed by
Additional "Collector", Begusarai,
E. And be further pleased to issue any further
order, direction/directions to the respondents in view of the
facts and circumstances of this case."
3. Learned counsel appearing on behalf of the
petitioner submitted that the petitioner is the descendant of Late
Braj Mohan Prasad Singh and Late Madan Mohan Prasad Singh
in whose ancestors name, the then Zamindar Khan Bahadur
Md. Seyajeuddin had settled the land for a sum of Rs.1,23,000/-
in respect of the land situated in village - Hajipur, Mauza -
Kushmaut, district - Munger, now falls under the district of
Begusarai, which was mortgaged in favour of Zamindar Khan
Bahadur Md. Seyajeuddin. Learned counsel further submitted
that a Title Suit being Title Suit No. 31/27 of 1950/56 was filed
by the father and uncle of the petitioner, namely, Babu Madan
Mohan Prasad Singh and Babu Braj Mohan Prasad Singh for
declaration of the title over the land in question, details of which
Patna High Court CWJC No.2005 of 2026 dt.12-02-2026
is as follows:
Khata Khesra Area
512 147 3 acre 49 decimals
193 145 1 acre 88 decimal
517 79 1 bigha 8 katha 15 dhur
534 153/2877 2 bigha 5 katha 7 dhur
4. Learned Trial Court decreed the Title Suit No.
31/27 of 1950/56 (Babu Madan Mohan Prasad Singh & Anr. Vs.
Smt. Ram Kumari Devi) in favour of the plaintiffs (ancestor of
the petitioner) vide judgment and decree dated 07.01.1958
which has been brought on record by way of Annexure P-1 to
the writ petition. The details of suit property is mentioned in
Schedule 1 & 2 of the decree.
5. Aggrieved by the said judgment and decree dated
07.01.1958 passed in the said Title Suit, the wife of Late Babu
Ayodhya Prasad Singh, namely, Shirmati Ramkumari Devi @
Ramdulari Devi filed Appeal from Original Decree No. 504 of
1958 ( Shirmati Ramkumari Devi @ Ramdulari Devi v. Madan
Mohan Prasad Singh & Anr. & Moinuddin & Others) before this
Court. The Appellate Court after proper analysis of law
formulating question of law finally upheld the order passed in
Title Suit No. 31/27 of 1950/56 observing that the suit property
was rightly decreed in favour of the plaintiffs as the mortgage
property stood redeemed on payment of the amount by the
plaintiffs to late Babu Ayodhya Prasad Singh and his descendant
Patna High Court CWJC No.2005 of 2026 dt.12-02-2026
on 16.07.1943 and the same has been considered by the
Appellate Court. Having aggrieved by the judgment dated
22.08.1967, late Ayodhya Prasad Singh and his descendant
preferred SLP before the Hon'ble Supreme Court, which was
also dismissed. Learned counsel, in this background, submitted
that the ancestor of the petitioner had applied before the
Additional Collector for cancellation of entries made in the
Register 2 or the cadastral survey by filing an application.
6. On consideration of respective case of the parties,
the Additional Collector passed the orders dated 13.03.1978
and 13.05.1978 in Ceiling Appeal Case No. 85/1976-77 and
Ceiling Appeal Case No. 87/76-77 and admitting the positing
that the plaintiffs are the title holder of the land in question
directed the State Government to make necessary correction in
the Gazette notification which was issued in respect of the
branch of late Ayodhya Prasad Singh by including the said land
amongst the other land of the plaintiffs. The land in question
was not declared surplus in the ceiling proceeding and the
petitioner remained in peaceful possession of the said land
having paid the rent till date.
7. Now the petitioner is aggrieved by the order
dated 05.07.2025 passed in Miscellaneous Case No. 05/ 25-26
by the District Magistrate cum Collector, Begusarai, by which
Patna High Court CWJC No.2005 of 2026 dt.12-02-2026
the land of the petitioner was again notified for the purpose of
construction of stadium. The petitioner against the said action of
the District Magistrate cum Collector, Begusarai came before
this Court for quashing of the notice dated 28.05.2025 relating
to acquisition of land appertaining to Khata No. 193, Khesra
No. 145 and Khata No. 512 and Khesra No. 147. This Court
considering the title of the petitioner over the said land, the
petitioner was given liberty to file a detailed representation
before the District Magistrate, Begusarai for deciding the case
of the petitioner in light of the Government Resolution No. 925
(6) dated 11.11.2014. The petitioner in compliance of the said
liberty granted by this Court in C.W.J.C. No. 2319 of 2025 vide
order dated 18.02.2025 filed a detailed application before the
District Magistrate cum Collector, Begusarai. The District
Magistrate cum Collector, Begusarai without taking into
consideration the above facts and the judgment of this Court
which has declared the petitioner to be the title holder of the
land in question, rejected the application of the petitioner
deliberately having not considered the title of the petitioner in
malafide manner and held that the land in question cannot be
considered as a Raiyati land in accordance with Letter No.
925(6) dated 11.11.2014.
8. Per contra, Mrs. Archana Meenakshi, learned
Patna High Court CWJC No.2005 of 2026 dt.12-02-2026
GP-6 along with Mr. Prabhat Ranjan, learned counsel appearing
on behalf of the State submitted that the petitioner himself is
responsible for not having given the correct facts and
information in respect of the journey he travelled up to the
Supreme Court by which the petitioner has been declared to be
the title owner of the land in question and because of his own
failure not to get the entries made in the cadastral survey or the
Revisional Survey in respect of the nature of the land as
'Raiyati' in place of 'Bakast', the District Magistrate cum
Collector has not committed any illegality in rejecting the claim
of the petitioner. Learned counsel submitted that the writ
jurisdiction is an efficacious remedy and the petitioner in that
case having not availed the remedy before the competent civil
court has straightaway filed the present writ petition for
determination of his title on the basis of the information which
is contained in the writ petition. In view of the fact that the
nature of land is still recorded in the revenue record as Bakast,
the writ petition being devoid of merit is fit to be dismissed by
this Court.
9. Heard the parties.
10. Having heard the rival submissions made on
behalf of the parties and the admitted facts and information as
described by the respective parties in their submissions, it has
Patna High Court CWJC No.2005 of 2026 dt.12-02-2026
not been denied that the ancestor of the petitioner had redeemed
the mortgaged land in question which forms subject matter of
the notice no. 2220 dated 28.05.2025. The Additional Collector
vide orders dated 13.03.1978 and 13.05.1978 had directed the
Circle Officer to do necessary correction in the Gazette pursuant
to the order passed Section 15(3) of the Bihar Land Reforms
(Fixation of Ceiling Area & Acquisition of Surplus Land) Act,
1961 (hereinafter referred to as "Act, 1961"), which provides as
under:
"Section 15(3) in Bihar Land Reforms
(Fixation of Ceiling Area and Acquisition of Surplus
Land) Act, 1961- (3)[ Subject to [* * * * *] [Existing sub-
sections (3) to (5) omitted and sub-sections (6) & (7)
renumbered as (3) & (4) thereof by Act 7 of 1978.] any
order made on appeal or revision the Collector may at any
time after the publication of the notification under sub-
section (1) take possession of any land specified in the said
notification and may for that purposes use such force as
may be necessary."
11. The land in question has been described in
Paragraph No.3 of the writ petition. The above orders dated
13.03.1978 and 13.05.1978 of the Additional Collector was in
the background of the judgment dated 22.08.1967 passed by the
Division Bench of this Court in Appeal from Original Decree
No. 304 of 1958 which was contested by the State to make
necessary correction in the revenue records and because of
deliberate inaction on the part of the Circle Officer, the
petitioner has been harassed and forced to file the present writ
Patna High Court CWJC No.2005 of 2026 dt.12-02-2026
petition against the illegal order of the District Magistrate dated
05.07.2025 passed in Miscellaneous Case No. 05/ 25-26 who
has not considered that the admitted fact that the title of the
petitioner has been upheld vide order dated 16.09.1969 by the
Hon'ble Supreme Court and there is no illegality in the orders
passed by the Additional Collector dated 13.03.1978 and
13.05.1978.
12. The order dated 05.07.2025 passed in
Miscellaneous Case No. 05/ 25-26 (Annexure P/12) by the
Collector cum District Magistrate, Begusarai is hereby quashed
and set aside.
13. The District Magistrate, in that case, is directed
to call the Circle Officer concerned along with the records
relating to the petitioner and the petitioner must also be
intimated by the District Magistrate to appear before him so that
appropriate order can be passed in accordance with law.
14. The writ petition, accordingly, stands disposed
of.
(Purnendu Singh, J)
mantreshwar/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 18.02.2026
Transmission Date NA
