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2025 Supreme(Online)(Pat) 215
PATNA HIGH COURT
MR. JUSTICE DR. ANSHUMAN, J
Bibhuti Nath Jha – Appellant
Versus
The State of Bihar – Respondent
CWJC 1925 / 2025
Mr. Dhirendra Kumar Jha, Advocate; Mr. Kinkar Kumar, SC-9
The Collector has dual powers under the Bhoodan Yagna Act to protect Bhoodan land and eject unlawful possessors, and the petitioner may seek redress through a civil suit.
Headnote:(A) Bhoodan Yagna Act, 1954 - Sections 14A and 22 - Writ petition challenging orders of Collector and Bihar Land Tribunal regarding land settlement - Petitioner claims illegal cancellation of land settlement confirmed by Bhoodan Yagna Committee - Collector's order for ejectment upheld by Tribunal - Court finds Collector acted within jurisdiction under both sections of the Act - Petitioner has remedy under Section 17(4) to file civil suit. (Paras 3, 8, 9, 10)
(B) Jurisdiction of Revenue Officer - Revenue Officer has dual powers under the Act for both protection of Bhoodan land and ejectment of unlawful possessors - Proper exercise of discretion is essential in quasi-judicial functions. (Paras 9, 10)
Facts of the case:
The petitioner seeks to quash orders regarding land settled under the Bhoodan Yagna Act, asserting that the Collector's order to cancel the settlement is illegal and arbitrary, as the land was confirmed to him by the Bhoodan Yagna Committee. (Paras 2, 3)
Findings of Court:
The Collector's order for ejectment was found to be lawful as he exercised his powers under the relevant sections of the Act, and the petitioner has the option to pursue a civil suit for redress. (Paras 9, 10)
Issues: The court addressed whether the Collector could exercise ejectment powers while considering an application for protection under Section 14A, and what remedies are available to the petitioner. (Paras 8, 10)
Ratio Decidendi: The court concluded that the Collector's actions were within legal bounds, affirming the dual powers granted under the Bhoodan Yagna Act, and emphasized the importance of judicial discretion in such matters. (Paras 9, 10)
Result: Writ petition disposed of, liberty granted to file civil suit.
| Table of Content |
|---|
| 1. petitioner seeks quashing orders (Para 2) |
| 2. counsel argues illegal cancellation (Para 3) |
| 3. state argues order is lawful (Para 4) |
| 4. petitioner argues for protection (Para 5) |
ORAL JUDGMENT
Date : 11-02-2025 Heard Learned Counsel for the petitioner and Learned Counsel for the State.
2. The present writ petition has been filed by the petitioner for the following reliefs:
“(i) For quashing the Order dated 16/01/2024 passed by the Chairman of the Bihar Land Tribunal Patna (Respondent No. 5) in B.L.T Case No. 275 of 2023.
(ii) For also quashing the Order dated 23/8/2022 passed by Respondent No. 2, the Collector, Darbhanga Bhoodan Case No. 72 of 2010-11 by which the learned Collector has been pleased to direct the concerned authorities to take steps for cancellation of Parcha issued in favour of the petitioner by the Bhoodan Yagna Committee, holding the land in question to be a Public land.
(iii) For directing the Respondent authorities to protect the land in question settled in favour of the petitioner under the Bhoodan Yagna Act as directed by the Hon'ble Court in a previous Writ petition bearing C.W.J.C No. 10978 of 2009 Vide order dated 05/10/2009.
(iv) For any other relief or reliefs for which the petitioner may be found entitled in the facts and circumstances of the case.”
3. Learned Counsel for the petitioner submits that the land-in-question was donated by one Amar Prasad Singh son of Babu Bishun Prasad Singh through Dan Patra dated 29.12.1953. He submits that the said Dan Patra was confirmed by the Bhoodan Yagna Committee vide Confirmation Case No.381/A of the year 1957-58 and final order of confirmation was passed on 24.01.1958. Counsel submits that the petitioner is a landless person and 33 decimals of donated land was settled along with other persons. The deed of settlement dated 10.07.1994 was issued in favour of the petitioner. Counsel further submits that the settlement of land in favour of the petitioner was confirmed by Bhoodan Yagna Committee and the Anchal Adhikari, Singhwara, had fix the rent for the land-in-question settled in favour of the petitioner and granted rent receipt only one time in the year 1994, but thereafter rent receipt was not granted. Since 1995 onward, the petitioner has made several attempt before the superior officers as well as Additional Collector but no action was taken and, therefore, the petitioner had moved before this Court in CWJC No.10978 of 2009 seeking a direction upon the respondent to protect the land in question which was settled to the petitioner by Bhoodan Yagna Committee. Counsel submits that in the said writ petition vide order dated 05.10.2009 a direction was made to the Collector-cum-Revenue Officer under Section 14A of the Act. Counsel submits that in compliance of the said order the petitioner moved before the Collector and filed a petition with relevant documents on 05.12.2009. His case was registered as case No.72 of 2010-11. Counsel submits that after long gap of about twelve years, final order was passed on 23.08.2022 and the said order is completely illegal, arbitrary and without jurisdiction. Learned Counsel further submits that the Collector has crossed the jurisdiction so vested in him and he has passed order that the said Dan Patra is illegally and ineffective and directed the Bhoodan authorities to withdraw the Parcha. Learned Counsel further submits that the said order is completely in gross violation of the law laid down as the Collector has directed to vacate the land initiating a proceeding under the Bihar Land Encroachment Act. Counsel for the petitioner submits that being aggrieved and dissatisfied with the order dated 23.08.2022 passed by the Collector, the petitioner preferred a case before the Bihar Land Tribunal bearing B.L.T. Case No.275 of 2023. In the said B.L.T. case, final order has been passed on 16.01.2024 by which the claim of the petitioner was rejected and the order passed by the Collector dated 23.08.2022 has been affirmed and B.L.
