WRIT PETITION 14228 of 2025 on 1 August 1983

1. The State of Bihar through the Principal Secretary/ ACS, Department ofLand Revenue, Govt. of Bihar, Patna.Land Revenue, Govt. of Bihar, Patna.

2. The Collector-Cum-District Magistrate, Purnea.

3. The Circle Officer, Bhawanipur, Purnea.

209-09-2025

... ... Respondents

Appearance :For the Petitioner/s: Mr. Yash Raj Bhardhan, Adv.For the Respondent/s: Mrs. Binita Singh, SC-28

Mr. Yash Raj Bhardhan, Adv.

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CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGHORAL ORDER

The instant writ application has been filed under Article 226 of the Constitution of India by the petitioner seekingfollowing reliefs:-

(i) Whether the Notification No. 203/83, dt. 01-08-1983issued by Collector, Bhagalpur issued u/s. 15 (1) of Ceiling Act,1962 has any effect and force of law having it been set aside videorder dt. 23-01-1996 passed in CWJC No. 2080/1984 by thisHon'ble Court?

(ii) Whether the previous Jamabandi got restored ornot in view of setting aside of the Notification dt. 01-08-1983 by theHon'ble Court?

(iii) Whether rent receipts should have been issued infavor of petitioner for the land in question, that is a purchased landthrough sale deed dt. 10-10-1957 by the father of petitioner in thename of his mother namely Late Uma Devi?

(iv) Whether inaction on part of the respondentauthorities in not taking further action in pursuance to order dt.

23-01-1996 passed in CWJC No. 2080/1984, with regard totransferring files of Misc. Case No. 147/1983 to Collector, Purneato take appropriate action, for inordinate long time, makes the saidMisc. Case irrelevant, and null and void at present?

(v) Whether not challenging by the State Governmentto the order dt. 23-01-1996 passed in CWJC No. 2080/1984 beforeappellate forum, making the setting aside order absolute and whichhas full force of law till date?

(vi) Whether in the above stated circumstances, therelief as prayed for in this writ petition, is fit to be granted?

(vii) Whether right, title and interest of petitionerflowing from the registered sale deed is being affected by inactionon part of the State functionaries who are not issuing rent receiptsand also not mutating the names of the legal heirs?

(viii) Whether the action or inaction of the Staterespondents in the facts and circumstances of the case is notviolative of Article 14 and 300A of the Constitution of India?

2. Mr. Yash Raj Bhardhan, learned counsel for the petitioner submits that the land in question was purchased by thepetitioner’s mother, Late Uma Devi, through sale deed dated10.10.1957 from the recorded tenant, Late Satyabhama, afterpaying the consideration amount of Rs. 12,500/-. Thereafter, thesaid land was recorded in the name of the petitioner’s motherand Jamabandi Nos. 749 and 963 were also created in Register-II and since the date of purchase, the petitioner’s mother andthereafter, the petitioner and other legal heirs have continuedtheir peaceful possession over the land in question and that thepartition took place in between the legal heirs of the petitioner’s

mother vide Partition Suit No. 210 of 1972 and thereafterseparate Jamabandi Nos. 749 and 963 were created, however,both the Jamabandis were cancelled later on in view of theprovisions of Bihar Land Reforms (Fixation of Ceiling Area andAcquisition of Surplus Land) Act, 1961. It is further submittedthat the land in question does not fall within the purview of theceiling process which was initiated under the Bihar LandReforms (Fixation of Ceiling Area and Acquisition of SurplusLand) Act, 1961, so, in this regard, a writ petition was filed bythe petitioner’s mother bearing CWJC No. 2080 of 1984 whichwas allowed and the notification dated 01.08.1983 relating tothe land in question by which the land of the petitioner’smother was acquired, as surplus, was quashed and theCollector, Bhagalpur, was directed to transfer the Misc. CaseNo. 147 of 1983 filed by the petitioner’s mother to theCollector, Purnea, however even after the lapse of more than 30years, no step has been taken by the Collector, Bhagalpur totransfer the said case to the Collector, Purnea. The petitioner hasbeen running pillar to post and recently sent a representationdated 29.10.2024 through registered post to the office of theCircle Officer, Bhawanipur and a copy of the same was also sentto the District Magistrate/Collector but even then no step has siddharthkr/-BKS

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been taken to comply with this Court’s order passed in CWJCNo. 2080 of 1984.

3. Heard both the sides and perused the relevantmaterials. It is very surprising that concerned Collector has notcomplied with this Court’s order passed in CWJC No. 2080 of1984 despite the lapse of several years, so, considering thisaspect, the Collector, Bhagalpur is directed to comply with theorder passed in CWJC No. 2080 of 1984 immediately withinthree weeks from the date of this order or receipt/ production ofa copy of this order.

4. If the petitioner’s mother’s case record is notavailable and untraceable then steps for reconstruction of thesame may be taken with the help of the petitioner or others.

5. Accordingly, the instant petition stands disposed of.

(Shailendra Singh, J)