Patna High Court - Orders
Bauku Mahaladar vs The State Of Bihar on 11 May, 2026
Author: Rajiv Roy
Bench: Rajiv Roy
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1028 of 2025
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Bauku Mahaladar ... ... Petitioner/s
Versus
The State of Bihar ... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Munish Om Prakash Singh, Advocate
For the Respondent/s : Mr.Standing Counsel (4)
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CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
4 11-05-2026Heard learned counsel for the petitioner and learned counsel for the Bhoodan Yagna Committee.There is no representation on behalf of the State.
2.The present petition has been preferred for the following relief/s:
(i) for issuance of writ in the nature of certiorari for quashing the letter No. 9/24 -100 dated 17.08.2024 issued under the seal and signature of Incharge Officer District Bhoodan Yagna Office-
cum Land Reforms Deputy Collector, Katihar where by and where under he has intimated / communicated/ informed to the petitioner under R T I Act regarding cancellation of Bhoodan Parcha which was carlier issued by Incharge Mantri Patna High Court CWJC No.1028 of 2025(4) dt.11-05-2026 2/4 District Bhoodan Yagna Office (Purnea) in the name of Kallar Mahaladar (Father of the petitioner) on 10.2.1976 has been cancelled arbitrarily vide letter No. 606 dated 12/13-6-85 (as mentioned in Parcha itself dated 10.02.1976) and fresh Bhoodan Parchas have been issued to the respondent No. 10 to 16 by the respondent No. 8 Incharge Officer, District Bhoodan Yagna Officer -cum- Deputy Collector Land Reforms Katihar after cancellation the earlier parcha without invoking U/s. 21 and 22 of Bihar Bhoodan Yagna Act 1954 while he has / had no power /Jurisdiction to cancel the Bhoodan Parcha earlier issued in favour of father of the petitioner and also has /had no power to issue a fresh Bhoodan Parcha in favour of respondent no. 10 to 16 after cancellation the earlier Parcha and the as letter No. 606 dated 12/13.06.1985 mentioned in the said Parcha has not been provided by the Patna High Court CWJC No.1028 of 2025(4) dt.11-05-2026 3/4 concern respondent for the reason best known to him;
(ii) the writ petitioner further prays before this Hon'ble Court to hold and adjudicate that to cancel the settlement or resume, the same without invoking section 21 and 22 of Bihar Bhoodan Act 1954 is wholly unconstitutional, null and void in the eye of law;
(iii) for also directing the concern respondents to restore the parcha in the name of his father with respect to the land in question and hos been arbitrary cancelled without hearing opportunity given to the father of the petitioner or the petitioner;
(iv) the writ petitioner also prays before this Hon'ble Court to issue appropriate writ /writs order/orders direction/directions as this Hon'ble Court may deem fit and proper in the facts and circumstances of this case.
3. Learned counsel for the Bhoodan Yagna Committee Patna High Court CWJC No.1028 of 2025(4) dt.11-05-2026 4/4 submits that they shall be informed.
4. The State has been made respondents nos. 01 to 03 as also 05 to 07 and 09 while Bhoodan Yagna Committee represent the respondent nos. 04 and 08 and as such no notice is required to them.
3. This application shall be heard.
4. Issue notice to respondent nos.10 to 16 both by registered cover with A/D as well as ordinary process for which requisites etc. must be filed within three weeks after vacation failing which this application shall stand rejected without further reference to a Bench.
5. In case, the order passed is not complied and the matter accordingly stands rejected, the same be posted under the heading "To be Mentioned".
6. Pleadings to be exchanged in six months.
7. Rule is made returnable within one year.
(Rajiv Roy, J) Ravi/S. Prasad U