Patna High Court
Prakash Yadav And Ors vs The State Of Bihar And Ors on 21 July, 2025
Author: Anshuman
Bench: Anshuman
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.15667 of 2018
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1. Prakash Yadav Son of Late Shio Narain Yadav,
2. Harish Chandra Prasad Yadav, Son of Late Sant Lal Yadav.
3. Maheshwar Prasad Yadav, Son of Late Sant Lal Yadav.
4. Bhuwaneshwar Prasad Yadav, Son of Late Sant Lal Yadav.
5. Satyendra Prasad Yadav @ Satyendra Kumar, Son of Bhola Prasad Yadav.
6. Parmanand Yadav, Son of Late Tirthanand Yadav
7. Ramanand Yadav, Son of Late Tirthanand Yadav,
8. Sadanand Yadav, Son of Late Tirthanand Yadav
9. Anil Yadav, Son of Late Tirthanand Yadav
10. Dinesh Yadav @ Dinesh Prasad Yadav, Son of Late Bhagwat Prasad Yadav,
All residents of Village- Baigna, Police Station- K. Nagar, District- Purnia.
... ... Petitioner/s
Versus
1. The State Of Bihar
2. The Collector, Purnia.
3. The Additional Collector, Purnia.
4. The Sub Divisional Officer at Sadar, Purnia.
5. The Deputy Collector Land Reforms at Sadar, Purnia.
6. The Anchal Adhikari at Krityanand Nagar Within the District of Purnia.
7. Shri Dinbandhu Mishra, Son of Late Krishna Chandra Mishra.
8. Shri Kumar Mishra, Son of Late Krishna Chandra Mishra.
9. Shri Hitlar Mishra, Son of Late Krishna Chandra Mishra. No. 7 to 9
residents of Village- Majra, Post- B.K. Sthan, Police Staion- Maranga Old-
K. Nagar, District- Purnia.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Binay Kumar Sinha, Adv.
For the Respondent/s : Mr. Majid Mahboob Khan, AC to AAG12
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CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL JUDGMENT
Date : 21-07-2025
Heard Learned Counsel for the petitioners and
Learned Counsel for the State.
2. Learned counsel for the petitioners submits that the
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present writ petition has been filed for quashing the acquisition
Notification No.2959 dated 03.11.1993 published in the Purnia
district gazette - Extra Ordinary issue No.37 dated 09.11.1993
(Annexure-4). Further prayer has been made to directing the
respondent No.2 to exclude the lands in question from the Land
Ceiling Case and the related notification at Annexure-4 by
issuance of suitable de-notification therefor and further not to
restore to distribution of the lands in question to strangers till
the disposal of this application.
3. Counsel further submits that the father of the
petitioner No.1 (now dead) has moved before this Hon'ble
Court firstly, in C.W.J.C. No.35 of 1994, which was disposed
off by order dated 11.02.1994 with a direction to the petitioners
to file a petition under section 45B of the Bihar Land Reforms
(Fixation of Ceiling Area and Acquisition of Surplus Land) Act,
1961 (hereinafter referred to as 'the Act of 1961') with a
protection order that during pendency of the said application,
the possession of the petitioners shall not be disturbed from the
lands claimed.
4. Counsel further submits that for the second time in
C.W.J.C. No.11855 of 1995, they have challenged the order of
dropping of the Misc. Ceiling Case No.56 of 1994 under section
Patna High Court CWJC No.15667 of 2018 dt.21-07-2025
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45B of the Act of 1961 on coming into force by ordinance
No.20 of 1995 and this Hon'ble Court vide order dated
17.05.1996
had remitted the proceeding of the Misc. Ceiling
Case with a direction to disposed of the same within a period of
four months. In third time, petitioners/ his father have
approached in C.W.J.C. No.10440 of 2009, when the proceeding
was dismissed for default of non-appearance and was set aside
dated 24.08.2000 with a direction to dispose off the proceeding
preferably within 3 months.
5. Counsel further submits that the land in question is
situated at Village-Barahkona, Thana No.125 Police Station-
Dhamdaha, District-Purnia, appertaining to Khata No.129, Plot
Nos.2552, 2553 and 2554 measuring 1.24 acres, 1.67 acres and
1.63 acres respectively, (total area 4.44 acres). He further
submits that without notice or enquiry, the land in question was
kept in the column of Surplus and for which Gazette
Notification has also been published and being aggrieved and
dissatisfied with the said notification, the petitioners/ his father
have repeatedly moved before this Hon’ble Court. He further
submits that Anchal Adhikari has submitted a report vide Letter
dated 16.06.2011 that Jamabandi of the lands in question stood
recorded in the name of the vendor of the petitioners and
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petitioners have been continuing in physical possession of the
lands in question.
6. Counsel further submits that an Amendment Act
has come in the year 2016 by which the provision of Section
45B of the Act of 1961 has been deleted from the Act. In result,
the proceeding has been dropped vide order dated 26.02.2018
which is Annexure-6 of the writ petition, which is order
impugned also.
7. Counsel further submits that when a right has been
accrued under any law then, remedy must be available under the
same law. He further submits that even if, the remedy under
section 45B of the Act has been closed by virtue of Amendment
Act, 2016, but even then, under the Miscellaneous Chapter,
Section 30 of the Act of 1961 still empowers the Collector of the
district that he may initiate the proceeding according to the Act
based on his own knowledge and information, if he is satisfied
that a land holder, in a proceeding under the Act, by fraudulently
or by misrepresentation of facts or law, has managed to obtain
an order from any of his subordinate authority with a view to
defeat the objects of the Act or any provision thereof and retains
land in excess of the ceiling area.
8. Counsel for the State on the other hand submits that
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though proceeding under section 45B of the Act of 1961 has
been dropped and new provision of Section 45D has been
added. But he submits that under section 30(4) of the Act, the
Collector of the district has power.
9. In the light of the submissions made, it transpires to
this Court that the petitioners have moved 4 times before this
Hon’ble Court and persistently pursuing their right before the
Court of Law. But due to change in law, the order which was
passed by the Court, could not be complied. The provisions of
Section 30(4) of the Act of 1961 is very much relevant which
states as follows:-
30(4). The Collector of a district may
initiate a fresh proceeding under the Act if, upon
his own knowledge or information, he is satisfied
that a land holder, in a proceeding under the Act,
by fraudulently or by misrepresentation of facts or
law, has managed to obtain an order from any of
his subordinate authority with a view to defeat the
objects of the Act or any provision there of and
retains land in excess of the ceiling area.
10. From the above said provision, it transpires that it
is well within the power of the Collector to initiate a fresh
proceeding under the Act. It further transpires that the
petitioners have moved before this Hon’ble Court 3 times earlier
and observations made by this Hon’ble Court, have not been
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complied and again for the 4th time, they have moved when the
Amendment Act, 2016 has come.
11. In this background that the observation passed by
this Hon’ble Court in 3 writ petitions, is still thirsty and with a
view to proper compliance of the Court’s order, it is necessary to
the Collector to look into the matter and the power vested upon
him under section 30(4) of the Act of 1961. Hence, the matter is
remanded back before the Collector and under the said
provision of Section 30(4) of the Act of 1961, decide the matter
relating to petitioners within 6 months from the date of
production of this order.
12. It is made clear that the protection order granted
by the Hon’ble Court to the petitioners shall continue that is the
petitioners shall not be dispossessed from the land in question.
13. With the aforesaid directions and observations, the
present writ application stands disposed off.
(Dr. Anshuman, J.)
Prakashmani/-
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