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Kamaldeo Rishideo vs The State Of Bihar on 17 March, 2026

Author: Rajiv Roy

Bench: Rajiv Roy

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Civil Writ Jurisdiction Case No.3537 of 2026
                 ======================================================
                 Kamaldeo Rishideo

                                                                            ... ... Petitioner/s
                                                    Versus
                 The State of Bihar

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr. Jai Vardhan Narayan, Advocate
                 For the Respondent/s   :      Mr. Uday Bhan Singh, AC to GP-19
                                               Mr. Rajni Kant Singh, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   17-03-2026

Heard the parties.

2. The present petition has been preferred for the following relief(s):

"I. Issue an appropriate writ, order or direction declaring and confirming that the land comprised in Village Basantpur, District Araria, stood duly vested in the Gram Sabha by virtue of Gazette Notification dated 25.05.1981 under the Bihar Gramdan Act, 1965 and Bihar Gramdan Rules, 1966, and that the Gram Sabha alone is the lawful authority to manage, regulate and distribute the said land.

II. Issue an appropriate writ, order or direction restraining the respondents from Patna High Court CWJC No.3537 of 2026(2) dt.17-03-2026 2/3 interfering with the peaceful possession, enjoyment and occupation of the petitioners over their respective holdings, which stand duly allotted by the Gram Sabha, Jai Prakash Nagar, Araria, and are evidenced by Pramaan Patras, mutation entries, house numbers allotted by the Nagar Parishad, electricity connections installed by NBPDCL, and rent receipts issued by the competent authorities.

III. Issue an appropriate writ, order or direction declaring that any attempt to unsettle or cancel the petitioners' allotments or mutations without affording them opportunity of hearing is violative of the principles of natural justice, particularly the doctrine of audi alteram partem, and is unconstitutional, arbitrary and void.

IV. Grant liberty to the petitioners, in view of the factual background and the finality of the orders passed in CWJC No. 969 of 2013 and LPA No. 1172 of 2014, to move before the competent civil court for ventilating their genuine and bona fide grievances touching upon title or Patna High Court CWJC No.3537 of 2026(2) dt.17-03-2026 3/3 possession, if so required in law.

V. Pass such further order(s) or direction(s) as may be deemed fit and proper in the facts and circumstances of the case to secure the ends of justice."

3. Let the respondent nos. 2 and 5 namely the District Magistrate, Araria and the Chairman Bihar Bhoodan Yagana Committee, Patna respectively file affidavits in next six weeks after service of copy to the learned counsel for the petitioner who shall be filing reply, if any, in next two weeks.

4. List this case on 12.05.2026.

(Rajiv Roy, J) Adnan/-

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