Patna High Court
Rajendra Mandal @ Rejendra Mandar vs The State Of Bihar on 15 April, 2026
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.11430 of 2022
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Rajendra Mandal @ Rejendra Mandar S/o Late Nanulal Mandal @ Late Nanu
Mandar, Resident of Village - Auranga Usuri, Police Station - Baheri, Dist. -
Darbhanga.
... ... Petitioner/s
Versus
1. The State of Bihar through Principal Secretary Revenue, Government of
Bihar.
2. The District Magistrate cum Collector, Darbhanga.
3. The Additional Collector Ceiling, Darbhanga.
4. The Deputy Collector Land Reforms, Darbhanga.
5. The Circle Officer, Biraul, Darbhanga.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Baidya Nath Prasad, Adv.
For the Respondent/s : Mr. Sajid Salim Khan (SC-25)
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CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL JUDGMENT
Date : 15-04-2026
Heard Mr. Baidya Nath Prasad, the learned
counsel for the petitioner and Mr. Sajid Salim Khan, the
learned SC-25 for the State.
2. The present writ application has been filed for
issuance of a writ in the nature of mandamus for a direction to
the respondent authorities to release the petitioner’s land,
Patna High Court CWJC No.11430 of 2022 dt.15-04-2026
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which has been declared surplus land by Ceiling Case No. 69
of 1973-1974 illegally without any notice upon him and
without proper enquiry under Section 5(i) (ii) by avoiding
Section 9(2) of the Ceiling Act.
3. The learned counsel for the petitioner submits
that his grievances shall be redressed if the present writ
application be disposed of with a direction to the Additional
Collector (Ceiling), Darbhanga (respondent No. 3) in terms of
the order passed by this Court in C.W.J.C. No. 14493 of 2002
& analogous cases, disposed of on 21.04.2005 (Annexure-2 to
the writ application).
4. It has been submitted on behalf of the
petitioner that he is the purchaser of the land in question,
which has been declared to be surplus by the authorities
concerned. It has further been submitted that the case of the
petitioner is exactly similar to the case of one Yamun Mandal
& Ors., which was also the subject matter in the batch of writ
petitions, i.e., C.W.J.C. Nos. 768 of 2003.
5. Mr. Sajid Salim Khan, the learned SC-25,
submits that the petitioner, being the purchaser, cannot be
given the opportunity of being heard at such a belated stage
and passage of time upon the disposal of the aforesaid writ
Patna High Court CWJC No.11430 of 2022 dt.15-04-2026
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application. It has further been submitted that the Additional
Collector (Ceiling), Darbhanga (respondent No. 3) can look
into the matter, if the original land-holder from whom the
petitioner has purchased the said land is heard before passing
any order.
6. In view of the aforesaid submissions and
taking into account the earlier order passed by this Court in
aforesaid C.W.J.C. No. 14493 of 2002 & analogous cases, the
petitioner is directed to make a fresh representation before the
Additional Collector (Ceiling), Darbhanga (respondent No. 3),
detailing his grievances, within a period of four weeks from
today, who, on receipt of such representation, after taking into
account the fact that the petitioner had purchased the property
way-back in the year 1977 from the land-holder whose land
has subsequently been declared to be surplus and after giving
due opportunity of hearing to the original land-holder/legal
heirs or legal representatives of the land in question apart from
the other relevant parties including the petitioner, shall pass a
reasoned order in accordance with law within a further period
of four months of the receipt of such representation.
7. If the claim of the petitioner is found to be tenable,
necessary sequel order shall also be passed by the concerned
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respondent/authority within the aforesaid period.
8. With the aforesaid observation/direction, the writ
petition stands disposed of.
9. Interlocutor application(s), if any, also stands
disposed of accordingly.
(Sourendra Pandey, J)
Praveen-II/-
AFR/NAFR NAFR CAV DATE N/A Uploading Date 15.04.2026 Transmission Date N/A
