Non-adherence to statutory procedures results in jurisdictional flaws, necessitating judicial intervention to enforce legal rights.

CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER

2 09-01-2026 Heard learned counsel appearing on behalf of the petitioner and 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:-

“That this is an application for issuance of writ in nature of mandamus commanding the respondent No.4 for initiating a proceeding under section 48(D) of Bihar Tenancy Act 1986 on an application filed by the petitioner on 23.02.2022 and also for issuing direction to dispose of proceeding by passing speaking order in accordance with law on amongst other the following :-

Grounds (i) For that the respondent No.4 is duty bound to act in accordance with law under Bihar Tenancy Act 1986 on application dated 23.02.2022 (contained in Annexure-I) filed by the petitioner.

(ii) For that Khata No.271, Plot No.259, Area-

14 katha 9 dhurs and Plot No.260, Area-3 katha 2 dhurs of land situated at Village Kaurihar, P.S.- Raxaul, District- East Champaran was recorded in the name of respondent No.5 and the respondent No.5 holds Raiyati interest over the aforesaid land R.S. Khata No.271 and the aforesaid land was let-out to Langar Dewan (fore Grandfather of the petitioner) for Sikmi cultivation.

(iii) For that Langar Dewan had three sons namely Bagar Dewan, Karamtoli Dewan and Rasul Dewan. Bagar Dewan had two sons namely Abdul Rahim Dewan and Lal Gani Dewan and one daughter namely Bibi Hafiyan. Abdul Rahim had one son namely Manir Dewan and widow, Most. Tetari Devi and Lal Gani Dewan died leaving behind him one son Nathu Dewan, Karamtoli Dewan died leaving behind him one son Rahim Baksa Dewan. Rahim Baksa Dewan died leaving behind him, two sons namely Gudar Dewan and Dukhi Dewan and two daughters namely Bibi Fulbani and Bibi Rehan Bari. Rasul Dewan died leaving behind him one daughter Bibi Hadishan.

(iv) For that the then Secretary of Madarsa (Respondent No.5) filed Title Suit No.254 of 1969 in the court of Munsif, East Champaran in which Abdul Rahim Dewan, the uncle of the petitioner, Nathu Dewan, cousin brother of the petitioner and others were defendant second set in the aforesaid suit.

(v) For that the aforesaid suit was filed for declaration, that the plaintiff is Raiyat and the defendants are under Raiyat with respect to the land of Khata No.271 and 272 of Village- Kaurihar, P.S.- Raxaul, District- East Champaran and the aforesaid suit was decreed on 15.07.1977 holding that plaintiff is a Raiyat and defendant 2nd and 3rd sets are under Raiyat and against which Title Appeal No.126/9 of 1977/1999 was filed by defendants 2nd set which was dismissed by 7th Additional District Judge, Motihari on 09.02.2000 against which Second Appeal No.174 of 2000 has been filed in this Hon'ble Court which was admitted by this Hon'ble Court on 29.11.2002 and the same is pending in this Hon'ble Court for adjudication.

(vi) For that admittedly the petitioner and his family are under Raiyat of the lands in question, as the land in question, came in the share of father of the petitioner vide Partition Suit No.210 of 1977.

(vii) For that the petitioner filed an application under section 48(D) B.T. Act before Circle Officer, Raxaul, East Champaran for declaration of Raiyati as petitioner had already been declared as under Raiyat with regard to lands in question, which was received in the office of Circle Officer, Raxaul on 23.02.2022 but till date no order has been passed by Circle Officer, Raxaul.

(viii) For that there is no dispute about petitioner and his ancestor being under Raiyat for period of more than 55 years and required period under section 48(C) or declaring Raiyat under 48(D) of B.T. Act, had already expired and land in dispute a