IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.15237 of 2023 ====================================================== 1. Sri Ramchandra Bhagwanji and Seven Other Deities through their Shebait Sri Rajnish Choudhary Situated at Sita Ram Thakurbari, Village Rampur, P.O. Dalan, P.S. Mufassil, Katihar. 2. Rajnish Choudhary Son of Late Ramesh Prasd Choudhary Resident of Village-Rampur, P.S. Katihar, District-Katihar. ... ... Petitioner/s Versus 1. The State of Bihar through Principal Secretary, Land Reforms, Bihar, Patna. 2. The Collector-Cum-District Magistrate, Purnea. 3. The Collector-Cum District Magistrate, Katihar. ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr.Rajan Ghoshrave, Advocate For the Respondent/s : Mr.Md. Khurshid Alam (Aag12) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 4 24-03-2026 Heard Mr. Rajan Ghoshrave, learned counsel for the petitioners and the State. 2. The present petition has been preferred for the following relief/s: (i) for issuance of a writ of certiorari quashing the distribution/settlement of lands to the Red Card Holders as mentioned in the report of the Circle Officer, Hasanganj (Katihar), contained in Letter No. 756 dated 28.09.2020 as these lands were the subject matter of the Land Ceiling Case No. 202 of Patna High Court CWJC No.15237 of 2023(4) dt.24-03-2026 2/5 1973-74 and decided in favour of the petitioners on 04.09.2013 by a Division Bench in C.W.J.C. No. 7323 of 1996. 3. The claim of the petitioners specially the petitioner no.2 who is the care taker of the petitioner no.1 [Sri Ramchandra Bhagwanji and seven other deities) is that pursuant to the Division Bench order passed on 04.09.2013 in (Sri Ramchandra Bhagwanji and seven other deities vs. the State (C.W.J.C. No. 3436 of 1994)], the petitioners were in peaceful physical possession on the land in question as it was cleared in the said Division Bench order that respondents have no liberty to reopen the concluded proceeding of Ceiling Case No. 202 of 1973-74. 4. However, since the year 2019, it was noticed that the respondents are issuing ‘Purcha’ creating law and order problem. As such, contempt petition was filed which was dismissed with the observation that it has been filed after much delay and not in line with the Contempt of Court’s Act which mandates only one year period. Liberty, however, was granted to the petitioner to file writ petition. 5. In that background, the present petition came to be filed. Patna High Court CWJC No.15237 of 2023(4) dt.24-03-2026 3/5 6.Learned counsel for the petitioners submit that it is an admitted fact that while his personal lands which led to the Land Ceiling Case No.17 of 1973-74 was decided against him, the Hon’ble Court made it clear that so far as the deities case (the Land Ceiling Case No. 202 of 1973-74) is concerned, cannot be reopened. 7. However, the continuous issuance of the ‘Parchas’ created problem with the deities and needs interference. 8 .A counter affidavit has come duly signed by the Circle Officer, Hasanganj, Katihar and para-19 read as follows: 19. That with regard to the statement made in paragraph No.16 it is stated that no ground of claim of the petitioners as raised in this para is justified. Any Settlement Purcha issud to landless persons under sec.22 or 27 of the Ceiling Act, can only be cancelled after denotification of previous acquisitions Gazette. It is also made clear here that the sec. 45 B of Ceiling Act has now been repealed vide Government Notification dated Patna High Court CWJC No.15237 of 2023(4) dt.24-03-2026 4/5 02.09.2016 and hence no authority is competent to consider the matter again. 9. This Court has gone through the facts of the case and the submissions made by the parties. 10. A judicial order/Division Bench order is there in favour of the petitioners herein in the case of Sri Ramchandra Bhagwanji (supra). Either the respondents have failed to go through the paragraphs-55 and 56 of the aforesaid order dated 04.09.2013 or they have deliberately disobeyed the order. In either case, they are accountable for the said lapses. 11. Mr. Ghoshrave submits that it will suffice if he is allowed to approach the Collector, Muzaffarpur (respondent no.) alongwith all the relevant documents including the order passed in Sri Ramchandra Bhagwanji (supra) but in the meantime, the deities have to be protected. 12. This Court has recorded the facts of the case and now when the petitioners are approaching the Collector, Katihar, the ball is in his/her Court. He/she has to decide the matter strictly in line with the order passed by the Division Bench in the case of Sri Ramchandra Bhagwanji (supra) case as recorded above. 13. Till he/she takes a decision, the status quo as Patna High Court CWJC No.15237 of 2023(4) dt.24-03-2026 5/5 existing today shall be maintained on the land in question. 14. The writ petition is disposed of with the aforesaid observation. Ravi/- (Rajiv Roy, J) U