The main legal point established in the judgment is that the Bihar Land Disputes Resolution Act, 2009 is intended to resolve disputes arising under specific Acts mentioned in Schedule-1, and applications must fall within the scope of those Acts to be maintainable.

JUDGMENT :

1. Heard learned counsel for the petitioners, learned counsel for the respondent-State and learned counsel for the respondent no.5.

2. The petitioners have filed the instant application for the following relief(s):

“That, the petitioners crave indulgence of this Hon'ble Court for issuance of an appropriate writ in the nature of Certiorari for quashing the order dated 20.05.2022 passed by learned Land Reforms Deputy Collector, Dehri, Rohtas in Land Dispute Resolution Case No.17/2021-22 as contained in Annexure-2 whereby and whereunder learned L.R.D.C. Dehri has declared that the petitioners and respondent no.5 both have equal share of one katha of the land in question and Circle officer Dehri was directed to hand over the possession after measurement by Anchal Amin and it has been further directed that after measurement the remaining land of about 5 ft. may be demarcated as Rasta and further to pass any order/orders, direction/directions, command/ commands directing the respondents to not interfere in the peaceful possession of the petitioners over R.S.Khata no.654/C.S.Khata no.104, R.S. Plot no.3234/C.S. Plot 1921, area 21 ft. North-South, 85 ft.-East-West, situated in Mauza Ganguli, P.S.-Dehri, Thana no.148, Ward no.1, Nagar Parishad, Dehri Dalmianagar, District-Rohtas, and further to declare the impugned order dated 20.05.2022 passed by respondent no.3 in Land Dispute Resolution Case no.17/2021-22 as illegal, arbitrary and without jurisdiction.”

3. It is submitted by learned counsel appearing for the petitioners that the instant application arises out of an order dated 20.5.2022 passed in Resolution Case no.17/2021-22 by the Deputy Collector Land Reforms, Dehri, Rohtas.

4. Learned counsel for the petitioners submits that the order impugned dated 20.5.2022 was passed by the D.C.L.R., Dehri, Rohtas on an application filed by the respondent no.5 under section 4(c) of the Bihar Land Disputes Resolution Act, 2009 (hereinafter referred to as ‘the Act’). It is submitted that the respondent no.5 neither being an allottee nor a settlee as defined under section 2(f) of the Act, the application under section 4(c) of the Act itself was not maintainable and consequently the order impugned dated 20.5.2022 (Annexure-2) is without jurisdiction. Thus, the same be set aside and the writ application be allowed.

5. Learned counsel appearing for respondent no.5 submitted that from perusal of the application filed by the respondent no.5, copy of which has been brought on record as annexures to the writ application, it would transpire that the same is not under section 4(c) of the Act and mentioning the application of respondent no.5 as being under section 4(c) of the Act in the order impugned dated 20.5.2022, the D.C.L.R., Dehri, Rohtas has committed an error of record. It is submitted that as stated in his petition before the D.C.L.R., Dehri, Rohtas, the respondent no.5 purchased the land in question by a registered sale deed dated 27.9.2019 and had filed the application before the D.C.L.R., Dehri, Rohtas praying for demarcation of his purchased land. Thus, in effect, the application of the respondent no.5 was with respect to boundary dispute which comes under section 4(h) of the Act.

6. Having heard learned counsel for the parties and having gone through the affidavits on record, it transpires that the petitioners purchased the land in question by a registered sale deed dated 3548 dated 27.9.2019 and thereafter a jamabandi was opened in his name. It is for this land that the petitioners filed the application before the D.C.L.R., Dehri, Rohtas which was registered as Land Dispute Case no.17/2021-22 praying therein for demarcation.

7. From the materials on record, what is not in dispute is that the application filed by the petitioners as contained in Annexure-1 to the writ application before the D.C.L.R., Dehri, Rohtas was under the Bihar Land Disputes Resolution Act, 2009.

8. Section 4 of the Act talks about the jurisdiction and author