The competent authority under the Bihar Land Disputes Resolution Act, 2009 must resolve unauthorized dispossession disputes.

CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER

3 10-12-2025 Heard learned counsel for the parties.

2. The present writ petition has been filed for the following relief(s):-

“……………… for direction to respondents concern to remove the encroachment from allotted plot of petitioner bearing Plot No. 377 at Sector-A in Village-Ramdasi/Hardiya, P.S.- Rajauli, District-Nawada by antisocial element, as aforesaid plot allotted to petitioner as he is displace due to construction of Phulwaria Reserviour in which his original village submerged in water.”

3. Learned counsel appearing on behalf of the petitioner submits that the father of the petitioner has been allotted the subject land, as the rayati land of the petitioner’s father was acquired under the provisions of Land Acquisition Act. That some unsocial elements have encroached the subject land which was settled in favour of the father of the petitioner. That the petitioner has approached the Respondent No. 7, i.e, the Executive Engineer, Irrigation Division, Rajauli, for eviction of the unauthorised persons from the subject land, however till date the encroachments have not been removed.

4. Learned counsel appearing on behalf of the respondents-State submits that the petitioner may be directed to approach the competent authority, i.e., the Deputy Collector Land Reforms under the provisions of the Bihar Land Disputes Resolution Act , 2009 as the lands have been settled in favour of the father of the petitioner and if any person is aggrieved by dispossession from the settled land, then the remedy available to the said person is to approach the competent authority under Section 4 of the , 2009. Learned counsel has drawn the attention of the Court to Section 4 of the , 2009 in support of his case.

5. In order to resolve the issue it is necessary to extract the relevant portion of the Bihar Land Disputes Resolution Act , 2009, more particularly, Section 4 which reads as under:-

“4. Jurisdiction and authority to resolve disputes.-(1) The competent authority shall have jurisdiction and authority to hear and adjudicate, on an application or complaint or on any application referred to by a prescribed authority or officer, any issue arising out of following types of disputes:-

(a) Unauthorised and unlawful dispossession of any settlee or allottee from any land or part thereof, settled with or allotted to him under any Act contained in Schedule-1 to this Act by issuance of any settlement document/parcha by a competent authority;

(b) Restoration of possession of settled / allotted land in favour of legally entitled settlee/ allottee or his successors/heirs, upon adjudication of unauthorized and unlawful dispossession;

(c) Threatened dispossession of a legally entitled settlee/ allottee;

(d) Any of the matters enumerated in (a), (b)

and (c) above appertaining to raiyati land.

(e) Partition of land holding;

(f) Correction of entry made in the record of rights including map/survey map.

(g) Declaration of the right of a person;

(h) Boundary disputes;

(i) Construction of unauthorized structure; and (j) Lis pendens transfer.

(2) The competent authority shall not have jurisdiction to review or reopen any finally concluded and adjudicated proceeding under any of the Acts contained in Schedule-1. The competent authority shall exercise his authority for resolving the dispute brought before him on the basis of any final order passed by any of the authorities empowered to do so in the Acts contained in Schedule-1 of this Act.

(3) The competent authority shall not have jurisdiction to adjudicate any fresh rights of allottee / settlee or a raiyat which is not yet determined and is required to be determined in accordance with provisions contained in any of the Acts contained in Schedule-1:

Provided t