IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2494 of 2023

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Ram Chander Yadav Son of Late Rasik Lal Yadav, Resident of Village- Ward

No. 07, Rasarh, Police Station- Banmankhi, District- Purnia.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Revenue and Land

Reforms Department of Government of Bihar, Patna.

2.

The Sub Divisional Officer, Araria.

3.

The Circle Officer, Raniganj.

4.

The Circle Inspector, Raniganj.

5.

Phulchania Devi Daughter of Late Darpi Yadav, Wife of Laxmi Yadav,

Resident of Satber, Police Station- Raniganj, District- Araria.

6.

Tetri Devi Wife of Narayan Yadav, Resident of Satber, Police Station-

Raniganj, District- Araria.

... ... Respondent/s

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Appearance :

For the Petitioner/s

:

Ms. Kumari Ritambhara, Adv.

For the Respondent/s

:

Mr. Raj Kishore Roy, GP-18.

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CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN

ORAL JUDGMENT

Date : 11-07-2023

Heard learned counsel for the petitioner and

learned counsel for the State.

2. The present writ petition has been filed by the

petitioner to quash the order dated 14.07.2022 passed by

Chairman, Bihar Land Tribunal, Patna in B.L.T. Case No.345 of

2019 whereby and where under the order dated 03.08.2018

passed by Sub Divisional Officer, Araria in Appeal Case No.21

of 2017-18 and order dated 17.07.1995 passed by Circle Officer,

Raniganj in Case No.62 of 1994-95 have been quashed.

Patna High Court CWJC No.2494 of 2023 dt.11-07-2023

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3. Learned counsel for the petitioner submits that

the father of petitioner was Sikmidar of the land in dispute

situated in Mauza-Gopalpur, Thana No.145, R.S. Khata

No.96/68 and of 97/70, Khesra No.829, 1809, 830, 1808 & 831

having total area of 0.95 decimals of land. He further submits

that accordingly the R.S. Khata was prepared in the name of

petitioner in revisional survey in the year 1956. Learned counsel

for the petitioner submits that in the order passed by Bihar Land

Tribunal, Patna, an observation has come that the norms of law

as laid down under Section 48(D) of the Bihar Tenancy Act,

1885 (Act 8 of 1885), the Circle Officer, Raniganj has not

follows the law of the land and only on this ground the Sub

Divisional Officer, Araria has set-aside the order passed by

Circle Officer, Raniganj in Appeal Case No.21 of 2017-18, as

such the order passed by Sub Divisional Officer, Araria setting

aside the order of Circle Officer, Raniganj has been approved by

the Bihar Land Tribunal.

4. Learned counsel for the State submits that the

finding of the Bihar Land Tribunal that the ingredient of Section

48(D) of the Bihar Tenancy Act, 1885 (Act 8 of 1885) has not

been found in the proceeding and, as such, the order dated

03.08.2018 passed by Sub Divisional Officer, Araria in Appeal

Patna High Court CWJC No.2494 of 2023 dt.11-07-2023

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Case No.21 of 2017-18 has been approved and Bihar Land

Tribunal has rejected the application filed by the petitioner

which is quite legal and there is no need of any interference by

this Hon’ble Court.

5. Upon perusal of the provision as laid down

under Section of the Bihar Tenancy Act, 1885 (Act 8 of 1885)

which states as follows:-

48D. Acquisition of raiyati right by occupancy

under raiyat.- (1) An occupancy under raiyat shall

if he makes an application in this behalf in the

prescribed manner, be entitled to acquired the right

of a raiyat subject to the payment to be made as

may be prescribed by the State Government and

the right of the landholder in such land shall

extinguish:

Provided that the land on which he acquires such

right alongwith other land held by him anywhere in

the State does not exceed the area he may hold

under the Bihar Land Reforms (Fixation of Ceiling

Area and Acquisition of Surplus Land) Act, 1961

(Bihar Act XII of 1962).

(2)