IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.17349 of 2018 ====================================================== Md. Safik @ Safik Mian S/o late Ramjan Mian Resident of Village- Juagula, P.S. K. Nagar Sri Nagar, District- Purnea. ... ... Petitioner/s Versus 1. The State Of Bihar 2. The Divisional Commission, Purnea. 3. The District Magistrate, Purnea. 4. The Sub Divisional Officer, Sadar, Purnea. 5. The Deputy Collector Land Reforms, Sadar Purnea. 6. The Circle Officer, Sri Nagar, Purnea. null null 7. The Superintendent of Police, Purnea. 8. The S.H.O., K. Nagar Sri Nagar Police Station, Purnea. 9. Md. Nurul S/o late Daud Ali Resident of Village- Chiriya Rahika, P.S. Sri Nagar, District- Purnea. ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr.Ajit Ranjan Kumar, Adv. For the Respondent/s : Mr.Raj Kishore Roy- GP18 ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 2 18-02-2025 Heard Learned Counsel for the petitioner and Learned Counsel for the State. 2. Learned Counsel for the petitioner submits that the present writ petition has been filed for commanding the respondents to give possession of the land measuring an area of 3 acres appeartaining to Khata No.5, Thana No.131, Khesra No.167 of Mauza Devi Nagar, District- Purnea. 3. Counsel for the petitioner further submits that 3 acres of land has been donated to the petitioner by Bhoodan Patna High Court CWJC No.17349 of 2018(2) dt.18-02-2025 2/4 Yagna Committee in the year 1955 and, thereafter, the land was mutated in favour of the petitioner and rent receipts have also issued upto year 2015-16. He further submits that from the above background, it becomes clear the petitioner is legally entitled to hand over the possession of the land in question which was dispossess by respondent No.9. 4. Counsel further submits that in the year 1955, the father of petitioner was given purcha of 3 acres of land appeartaining to Khata No.5, Khesra No.17, Thana No.131 situated at Mauza-Devi Nagar, Purnea by the Bhoodan Committee. He further submits that on deposit of malgujari rent receipts, the rent was issued to the petitioner upto 2015-16. The petitioner states that the cultivation over the aforesaid land was being done by the father of the petitioner and after his death, the petitioner is cultivating over the land in question. It has also been claimed that the land in question has been coming in peaceful possession of the petitioner, but in the year 2013, respondent No.9 forcefully entered into the land and ousted the petitioner from the land in question. 5. Counsel further submits that the petitioner has filed an application under BLDR by Case No.111 of 2013-14 and D.C.L.R. has directed to the Circle Officer, Sadar, Purnea to Patna High Court CWJC No.17349 of 2018(2) dt.18-02-2025 3/4 vacate the land in question and further deliver the possession of the land in question to the petitioner vide order dated 04.02.2015. 6. Counsel further submits that the respondent No.9 preferred an appeal being land disputes Appeal No.134 of 2015 before the Divisional Commissioner, Purnea against the aforesaid order dated 04.02.2015 passed in Case No.111 of 2013-14 passed by the D.C.L.R., Sadar, Purnea. He further submits that the aforesaid appeal was heard by Divisional Commissioner, Purnea on 11.08.2016 and dismissed the appeal due to non-prosecution by respondent No.9. 7. Learned Counsel for the State thereof submits that under Section 14A of the Bihar Bhoodan Yagna Act, 1954 (Bihar Act 22 of 1954), there is a special provision made that protection shall be granted to the bhoodan land for ejectment and this protection has to be granted by Revenue Authority. He further submits that the petitioner has not preferred any application under section 14A of the Bihar Bhoodan Yagna Act, 1954. 8. In this view of the matter, the present writ petition is hereby disposed off directing the petitioner to avail his remedy by filing an application under section 14A of the Bihar Patna High Court CWJC No.17349 of 2018(2) dt.18-02-2025 4/4 Bhoodan Yagna Act, 1954 itself as the bhoodan land has been provided to him. It is also directed to the concerned Authority to pass order on the application filed by the petitioner within 90 days from the date of production of this order. 9. With the aforesaid directions, the present writ application stands disposed off. Prakashmani/- (Dr. Anshuman, J.) U