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2026 Supreme(Online)(Pat) 614

PATNA HIGH COURT
Shrikant Kumar – Appellant
Versus
The State of Bihar – Respondent
CWJC-2043/2026



IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.2043 of 2026 ======================================================

Shrikant Kumar s/o Sharifan Yadav, Reesident of Village- Singhara, Ward No.

1,P.S- Dulhin Bazar, District- Patna, PIN Code- 801102.

... ... Petitioner/s Versus

1. The State of Bihar through Principal Secretary, Revenue and Land Reforms, Patna Bihar.

2. The Collector Cum District Magistrate, Patna.

3. The Additional Collector, Patna.

4. The Deputy Collector Land Reforms, Paliganj, Patna.

5. The Circle Officer, Dulhin Bazar, District- Patna.

6. Kumar Devendra Narayan, s/o Awadh Narayan Singh, Resident of Village-

Singhara, P.S- Dulhin Bazar, District- Patna, PIN Code-801102.

... ... Respondent/s ======================================================

Appearance :

For the Petitioner/s : Mr.Ranjan Kumar Dubey, Advocate For the Respondent/s : Ms.Dimpal Kumari, AC to GP 11 ======================================================

CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH

ORAL JUDGMENT

Date : 09-02-2026 Heard learned counsel appearing on behalf of the petitioner and the learned counsel for the State.

2. The petitioner in paragraph no. 1 of the present writ petition has sought inter alia following relief(s), which is reproduced hereinafter:-

“a. For the issuance of a writ in the nature of certiorari or any other appropriate writ, order, or direction for quashing and setting aside the impugned order dated 24.12.2025, passed by the Learned Deputy Collector Land Reforms (DCLR), Paliganj, Patna, in Land Dispute Case No.35/2025- 26 whereby and whereunder the DCLR, Paliganj has erroneously allowed the claim of the Applicant/Respondent 2nd Set, declaring his rights over the subject land and directing the Circle Officer, Dulhin Bazar, Patna, to effectuate measurement and demarcation of the land in question bearing Khata No.110, Khesra No.951 (Area 25 decimals), Khata No.110, Khesra No.952 (Area 44 decimals), Khata No.110, Khesra No.953 (Area 2 decimals) and Khata No.112, Khesra No.950 (Area 72 decimals) upon realization of the requisite fee.

b. For the issuance of an appropriate writ, order, or direction, staying the operation and implementation of the impugned order dated 24.12.2025, passed by the Respondent No.4 (Learned Deputy Collector Land Reforms, Paliganj, Patna) in Land Dispute Case No.35/2025- 26, during the pendency of the present writ application.

c. For commanding the respondents to maintain status quo over the land in question till final disposal of the writ petition.

d. For any other writ/writs for which petitioner may deem entiled to.”

3. The petitioner is claiming title over a piece of land, over which he allegedly came into possession on the basis of an Exchange Deed dated 03.03.1973, as stated in paragraphs 4 and 9 of the writ petition respectively. However, the petitioner does not dispute that Title Suit No. 483 of 1989, relating to partition between the petitioner and the original landholder, was instituted, nor does he deny that Jamabandi No. 608 was created in the name of the ancestor of private respondent no. 6. The petitioner further contends that in the said title partition suit, the issue relating to the exchange of land between the parties in the year 1973 was not adjudicated.

4. In view of the above, the petitioner has questioned the jurisdiction of the Deputy Collector Land Reforms (DCLR) in passing the impugned order dated 24.12.2025 as the same has been passed without jurisdiction and, therefore, it is liable to be interfered with.

5. The petitioner, in support of his claim, has relied upon the judgment passed by a Co-ordinate Bench of this Court vide judgment dated 01.04.2024 passed in CWJC No. 17154 of 2022 (Akhilesh Singh v. The State of Bihar), as well as, the judgment dated 03.04.2023 passed in CWJC No. 6259 of 2020 (Ram Bachan Singh v. The State of Bihar & Ors.) and contended that the Deputy Collector Land Reforms (DCLR) has no jurisdiction under the provisions of Section 4(1)(h) of the Bih

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