IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.16275 of 2018 ====================================================== 1. Taslim Ansari Son of Hasib Ansari Resident of Village-44, Manikapur, Anchal Tetariya, P.S.-Madhuban, District-East Champaran (Motihari). 2. Raiful Son of Shekh Idris, Resident of Village-Chakchauhani, P.s. Madhuban District-East Champaran (Motihari). 3. Ruplal Ram Son of Mahdev Ram Resident of Village-Garahiya, P.S.,- Madhuban, District-East Champaran. 4. Mustaq Ahmad Son of Md. Rafiq, Resident of Village-House No-5, Lahladpur, P.S.-Madhuban, District-East Champaran (Motihari). 5. Bhikhari Ram Son of Ajit Ram Resident of Village-Garahiya, P.S.,- Madhuban, District-East Champaran (Motihari). 6. Saiyad Abdul Kayum Son of Md. Vaish, Resident of Village-Lahladpur P.S.- Madhuban, District-East Champaran (Motihari). 7. Gauri Shankar Ram Son of Dhari Ram Resident of Village-Gharhiya P.S. Madhuban, District-East Champaran Motihari. 8. Khadeja Wife of Naeem, Resident of Village-Basahiya Shaith Word P.S. Piprahi, District-East Champaran (Motihari). 9. Renu Devi Wife of Rajendra Ram, Resident of Village-Garahiya, P.S.,- Madhuban, District-East Champaran (Motihari). 10. Khairul Nesha Wife of Abdul Hamid Ansari, Resident of Village-Laladpur, P.S. Madhuban, District-East Champaran (Motihari). 11. Etwari Devi Wife of Ramdaras Ram Resident of Village-Gharhiya P.S. Madhuban, District-East Champaran (Motihari). 12. Anvari Khatoom Wife of Md. Jamsed, Resident of Village-Laladpur, P.S. Madhuban, District-East Champaran (Motihari). 13. Md. Sakir Son of Shekh Jabbar, Resident of Village-Laladpur, P.S. Madhuban, District-East Champaran (Motihari). 14. Patlu Manjhi Son of Chait Manjhi, Resident of Village-Manikpur P.S. Madhuban, District-East Champaran (Motihari). 15. Meghu Ram Son of Bhola Ram Resident of Village-Khairava P.S. Madhuban, District-East Champaran (Motihari). 16. Ram Chandra Sahani Son of Rajdev Sajani Resident of Village-Garahiya, P.S.,-Madhuban, District-East Champaran (Motihari). 17. Rajdev Ram Son of Hari Kishun Ram Resident of Village-Garahiya, P.S.,- Madhuban, District-East Champaran (Motihari). 18. Kailashi Devi Wife of Ram Chandra Ray Resident of Village-Khairava P.S. Madhuban, District-East Champaran (Motihari). 19. Ram Chandra Ram Son of Buzavan Ram Resident of Village-Garahiya, P.S.,-Madhuban, District-East Champaran (Motihari). Patna High Court CWJC No.16275 of 2018(2) dt.22-08-2025 2/6 20. Shekh Idrish Son of Shekh Habib, Resident of Village-Lahladpur P.S.- Madhuban, District-East Champaran (Motihari). 21. Marchhiya devi Wife of Jhagru Ram, Resident of Village-Garahiya, P.S.,- Madhuban, District-East Champaran (Motihari). 22. Md. Muslim Son of Md. Mujim, Resident of Village-Lahladpur P.S.- Madhuban, District-East Champaran (Motihari). 23. Raj Kumari Wife of Rekman Ram, Resident of Village-Garahiya, P.S.,- Madhuban, District-East Champaran (Motihari). 24. Shaimun Nesha Wife of Tabarak Miyan, Resident of Village-Lahladpur P.S.- Madhuban, District-East Champaran (Motihari). 25. Ruplal Ram Son of Shakhichandra Ram, Resident of Village-Garahiya, P.S.,- Madhuban, District-East Champaran (Motihari). 26. Ramjhari Wife of Sevak Ram Resident of Village-Garahiya, P.S.,- Madhuban, District-East Champaran (Motihari). 27. Saiyed Taukir Son of Saiyed Jalaluddin, Resident of Village-Lahladpur P.S.- Madhuban, District-East Champaran (Motihari). 28. Akalu Ram Son of Basdev Ram, Resident of Village-Garahiya, P.S.,- Madhuban, District-East Champaran (Motihari). 29. Nasim Son of Md. Waish Resident of Village-Lahladpur P.S.-Madhuban, District-East Champaran (Motihari). 30. Achchhelal Ram Son of Jamun Ram, Resident of Village-Khairava P.S. Madhuban, District-East Champaran (Motihari). 31. Ram Kumari Devi Wife of Chhathu Ram, Resident of Village- Chakchauhani, P.s. Madhuban District-East Champaran (Motihari). 32. Ramnaresh Ram Son of Ramashish Ram, Resident of Village-Chakchauhani tola-Khairva P.S. Madhuban District-East Champaran (Motihari). 33. Raghunath Ram Son of Akalu Ram, Resident of Village-Chakchauhani, P.s. Madhuban District-East Champaran Motihari. 34. Lakshman Ram Son of Sukdeo Ram Resident of Village-Chakchauhani, P.S. Madhuban District-East Champaran (Motihari). ... ... Petitioner/s Versus 1. The State Of Bihar. 2. The Principal Secretary, Land Reforms, Govt. of BIhar, Patna. 3. The Director Land Reforms, Govt. of BIhar, Patna. 4. The District Magistrate, East Champaran Motihari. 5. The D.C.L.R., Madhuban, District-East Champaran Motihari. 6. The Circle Officer, Madhuban, East Champaran, Motihari. ... ... Respondent/s ====================================================== Patna High Court CWJC No.16275 of 2018(2) dt.22-08-2025 3/6 Appearance : For the Petitioner/s : Mr. Pramod Kumar Sinha, Advocate For the Respondent/s : Mr. Asif Kalim, AC to AAG-12 ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER 2 22-08-2025 Heard learned counsel for the petitioners and learned counsel for the respondents-State. 2. In this writ application the petitioners have prayed for a direction upon the respondents to provide protection to petitioners who are said to be the legal settlees of the lands and are being dispossessed by Ex-landlord and other vested interested persons. 3. Learned counsel appearing for respondents-State submits that the present writ application filed by the petitioners is not maintainable because for such kind of disputes it is the DCLR who is empowered to adjudicate the same in exercise of power under Section 4 of the Bihar Land Disputes Resolution Act, 2009. He attracts the attention of this Court to Section 4 of the said act, which is quoted herein below for needful. “4. Jurisdiction and authority to resolve disputes.- (1) The Competent Authority shall have jurisdiction and authority to hear and adjudicate, on an application or complaint or on any application referred to by a Prescribed Authority or officer, any issue arising out of following types of disputes:- (a) Unauthorized and unlawful dispossession of any settlee or allottee from any land or part thereof, settled with or allotted to him [or under any Act or Policy of the State or Central Government providing for settlement of government land to the persons of Patna High Court CWJC No.16275 of 2018(2) dt.22-08-2025 4/6 any specified category] under any Act contained in Schedule-1 to this Act by issuance of any settlement document/parcha by a Competent Authority; (b) Restoration of possession of settled/allotted land in favour of legally entitled settlee/ allottee or his successors/heirs, upon adjudication of unauthorized and unlawful dispossession; (c) Threatened dispossession of a legally entitled settlee/allottee; (d) Any of the matters enumerated in (a), (b) and (c) above appertaining to raiyati land; (e) Partition of land holding; (f) Correction of entry made in the Record of Rights including map/survey map; (g) Declaration of the right of a person; (h) Boundary disputes; (i) Construction of unauthorized structure; and (j) Lis pendens transfer. (2) The Competent Authority shall not have jurisdiction to review or reopen any finally concluded and adjudicated proceeding under any of the Acts contained in Schedule-1. The Competent Authority shall exercise his authority for resolving the dispute brought before him on the basis of any final order passed by any of the authorities empowered to do so in the Acts contained in Schedule-1 of this Act. (3) The Competent Authority shall not have jurisdiction to adjudicate any fresh rights of allottee/settlee or a raiyat which is not yet determined and is required to be determined in accordance with provisions contained in any of the Acts contained in Schedule-1: Provided that where rights of allottee/ settlee or raiyat are already determined under any of the Acts contained in Schedule-1, the Competent Authority shall have jurisdiction to entertain cases appertaining to matters enumerated in sub-section (1). (4) Notwithstanding anything contained in sub- section (2) and (3) hereinabove, if no provision is made in any of the Acts contained in Schedule-1 for determination of rights of allottee/settlee or raiyat and claimed right is yet to be determined, it shall be open to the Competent Authority to finally determine such right. (5) The Competent Authority, wherever it appears to him that the case instituted before him involves complex question of adjudication of title, he shall close the proceeding and leave it open to parties to seek remedies before the competent Civil Court.” Patna High Court CWJC No.16275 of 2018(2) dt.22-08-2025 5/6 4. From the careful perusal of Section 4 of the Bihar Land Disputes Resolution Act, 2009, it is explicitly clear that the disputes relating to threatened dispossession of a legally entitled settlee/allottee can be adjudicated by the competent authority, who happens to be the DCLR (respondent no.5). 5. Learned counsel for the petitioners submit that in view of the above provision, the present writ application may be disposed of granting liberty to the petitioners to file an application/complaint before the DCLR, Madhuban, District-East Champaran, Motihari (respondent No.5) and further direction be issued to the DCLR, Madhuban to adjudicate the complaint/application filed by the petitioners on merit after giving an opportunity of hearing to the petitioners. 6. As prayed for by learned counsel appearing for the petitioners, the present writ application is disposed of granting liberty to the petitioners to file application/complaint before the DCLR, Madhuban, District-East Champaran, Motihari (respondent No.5) within one month from the date of this order and if such a complaint/application is filed by the petitioners the same shall be adjudicated by the respondent no.5 on merit after giving opportunity of hearing to the petitioners, by passing a reasoned and speaking order. It is expected that the respondent no.5 will adjudicate the application/complaint as expeditiously as possible Patna High Court CWJC No.16275 of 2018(2) dt.22-08-2025 6/6 preferably within a period of six months from the date of filing of the application/complaint by the petitioners. 7. With the aforesaid observation and direction the present writ application is disposed of with liberty as aforesaid. Pending I.As, if any will be deemed to have been disposed of. Prakash Narayan (Alok Kumar Sinha, J) U