IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.17097 of 2021 ====================================================== 1. Nishant Gaurav, S/o Niranjan Kumar Sharma, R/o Kali Gati Lane, Adampur Ghat, Jagdishpur, P.S.-District-Bhagalpur, Pin code-8265842941 2. Prashant Gaurav, S/o Niranjan Kumar Sharma R/o Kali Gati Lane, Adampur Ghat, Jagdishpur, P.S.-District-Bhagalpur, Pin code-8265842941 ... ... Petitioner/s Versus 1. The State of Bihar through the District Magistrate, Bhagalpur. 2. The District Magistrate, Bhagalpur. 3. The Deputy Collector Land Reforms (DCLR), Bihpur, District-Bhagalpur. 4. The Anchala Adhikari, Bihpur, District-Bhagalpur. 5. Bihar Bhoodan Yagna Committee, through its Chairman, Gardanibagh Road no.34, Patna-2. 6. Sekha Devi W/o-Ranjit Ram R/oVillage- Lattipur Bihpur, P.S.-Bihpur, District-Bhagalpur. 7. Baby Devi W/o Binod Sharma, R/o Village- Lattipur Bihpur, P.S.-Bihpur, District-Bhagalpur. 8. Niraj Thakur S/o Devendra Thakur, R/o Village-Milky, P.S.-Bihpur, District- Bhagalpur. 9. Indu Bharti, W/o Subodh Mandal, R/o Village-Jamaldipur, P.S. Bihpur, District-Bhagalpur. 10. Anita Devi W/o Subodh Sharma, R/oVillage- Lattipur Bihpur, P.S.- Bihpur,District-Bhagalpur. 11. Savita Devi W/o Gurudev Das, R/oVillage- Lattipur Bihpur, P.S.- Bihpur,District-Bhagalpur. 12. Sukumari Devi W/o Yogendra Pandit, R/o Village-Goripur, P.S.-Bihpur, District-Bhagalpur. 13. Jagdambi Mandal S/o Dasrath Mandal, R/o Village- Jamaldipur, P.S.-Bihpur, District-Bhagalpur. 14. Pussi Devi W/o Radhay Mandal, R/o Village- Lattipur Bihpur, P.S.- Bihpur,District-Bhagalpur. 15. Ashish Kumar S/o Ram Villas Singh R/o Village-Goripur, P.S.-Bihpur, District-Bhagalpur. 16. Sambhu Sharma, S/o Sita Ram Sharma, R/o Village- Lattipur Bihpur, P.S.- Bihpur,District-Bhagalpur. 17. Daropdhi Devi W/o Radhey Das, R/o Village- Jamaldipur, P.S.-Bihpur, District-Bhagalpur. 18. Bharamdev Mandal, S/o Gaina Mandal, R/o Village- Lattipur Bihpur, P.S.- Bihpur,District-Bhagalpur. 19. Manjula Devi W/o Mahendra Das, R/o Village-Jamaldipur, P.S.-Bihpur, District-Bhagalpur. Patna High Court CWJC No.17097 of 2021(3) dt.04-09-2025 2/4 20. Phulo Devi W/o Bhagwan Das, R/o Village-Jamaldipur, P.S.-Bihpur, District-Bhagalpur. 21. Nanhaki Devi W/o Vishnudev Mandal, R/o Village-Jamaldipur, P.S.-Bihpur, District-Bhagalpur. 22. Masommat Arhula, W/o Late Gorey Lal Chaudhary, R/o Village-Jamaldipur, P.S.-Bihpur, District-Bhagalpur. 23. Rama Devi W/o Sukhdev Ram, R/o Village-Lattipur, Bihpur, P.S.-Bihpur, District-Bhagalpur. ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Gyanendra Kumar Shukla, Adv. For the State : Mr. Navnit Kumar, AC to GP-18 For the Resp. No.5 : Mr. Manish Kumar, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 3 04-09-2025 The instant writ application has been filed by the petitioners under section 226 of the Constitution of India, invoking the writ jurisdiction of this Court and seeking the following relief :- “i. To issue an appropriate writ order or direction commanding the respondents to restrain themselves from dispossessing these petitioners from Khata no. 848, Khesra no. 1594 and 109, comprising total area 5.82 Acre and 1.27 Acre respectively situated at village- Lattipur Bihpur, P.S.- Bihpur, District- Bhagalpur. ii. It is further prayed that this Hon'ble court be pleased to quash the purcha issued by the Bhoodan Yagna Committee whereby and where under the land recorded in the name of grandfather of the petitioners had illegally been donated to the Bhoodan Yagna Committee on the basis of forged danpatra containing the false signature of the late grandfather of the petitioners. iii. It is further prayed that this Hon'ble Patna High Court CWJC No.17097 of 2021(3) dt.04-09-2025 3/4 court be pleased to hold and adjudicate that the danpatra containing false signature of the grandfather of the petitioners is fake and fabricated document thus, all consequent actions leading to confirmation of the danpatra etc. is apparently an illegalities of the highest magnitudes. iv. To issue an appropriate writ order or direction commanding the respondents not to interfere into peaceful joint possession of the petitioners over the land bearing Khata no. 848, Khesra no. 1594, comprising total area 5.82 Acre and 1.27 Acre respectively which is situated at village-Lattipur, P.S.- Bihpur District-Bhagalpur, Bihar. v. To issue appropriate order or direction to the concerned authority not to mutate the aforesaid lands on basis of forged documents in favour of the purcha holder. vi. To award any other relief/ reliefs for which the petitioners are entitled under facts and circumstances of the case.” 2. Heard Mr. Gyanendra Kumar Shukla, learned counsel for the petitioners, Mr. Navnit Kumar, learned AC to GP-18 for the State and Mr. Manish Kumar, learned counsel for the respondent No. 5 (Bihar Bhoodan Yagna Committee) and have also gone through the relevant materials. 3. As per the averments made in the petition, the alleged Gift deed was executed before the year 1999 which is said to have been executed by petitioners’ grandfather and the Patna High Court CWJC No.17097 of 2021(3) dt.04-09-2025 4/4 petitioners are taking the plea that the said Gift deed is completely forged. Further, it appears that on the basis of the Gift deed, which was in favour of the Bihar Bhoodan Yagna Committee (in short ‘BBYC’), steps have been taken to allot the land concerned to the Gift deed by the BBYC in favour of others. Admittedly, the petitioners remained silent for several years in taking legal step to challenge the alleged Gift deed and further, for challenging the alleged allotments by the BBYC in respect of the land in question which is the subject matter of the alleged Gift deed, the petitioners have a specific remedy under section 9 of the Bihar Land Tribunal Act, which should have been availed by the petitioners. Accordingly, the instant petition stands disposed of, with giving the petitioners a liberty to approach the Bihar Land Tribunal by filing a case as per the provisions of law for redressal of their grievance. If they avail the liberty in the next four weeks then the Bihar Land Tribunal will decide their prayer as per the provisions of law according to merit without being prejudiced with aforesaid observations and the period spent by them in this writ petition shall be excluded while computing the limitation period. annu/- (Shailendra Singh, J) U