IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.10281 of 2019 ====================================================== 1. Uma Nath Mishra S/o Bhola Nath Mishra Resident of Village- Khopa,P.O.Sudai Ratauli,P.S. Phulparas Anchal Ghoghardiha,Dist.- Madhubani 2. Sudhanshu Mishra S/o Shambhu Nath Mishra Resident of Village- Khopa,P.O.Sudai Ratauli,P.S. Phulparas Anchal Ghoghardiha,Dist.- Madhubani 3. Narayan Mishra S/o Late Gauri Nath Mishra Resident of Village- Khopa,P.O.Sudai Ratauli,P.S. Phulparas Anchal Ghoghardiha,Dist.- Madhubani 4. Lalit Mohan Mishra S/o Late Gauri Nath Mishra Resident of Village- Khopa,P.O.Sudai Ratauli,P.S. Phulparas Anchal Ghoghardiha,Dist.- Madhubani 5. Suman Kumar Mishra S/o Late Kedar Nath Mishra Resident of Village- Khopa,P.O.Sudai Ratauli,P.S. Phulparas Anchal Ghoghardiha,Dist.- Madhubani 6. Ranjan Kumar Mishra S/o Shashi Nath Mishra Resident of Village- Khopa,P.O.Sudai Ratauli,P.S. Phulparas Anchal Ghoghardiha,Dist.- Madhubani 7. Vinay Kumar Mishra S/o Shantinath Mishra Resident of Village- Khopa,P.O.Sudai Ratauli,P.S. Phulparas Anchal Ghoghardiha,Dist.- Madhubani 8. Beena Mishra W/o Late Deonath Mishra Resident of Village- Khopa,P.O.Sudai Ratauli,P.S. Phulparas Anchal Ghoghardiha,Dist.- Madhubani ... ... Petitioner/s Versus 1. The State of Bihar through Principal Secretary,Land Reforms Department,Govt. of Bihar,Patna 2. The District Magistrate-cum-Collector, Madhubani,Dist.-Madhubani 3. District Fishery Officer, Madhubani,Dist.-Madhubani 4. Sub-Divisonal Officer, Phulparas District-Madhubani 5. Deputy Collector, Land Reforms Phulpara,P.S. Phulparas,Dist.-Madhubani 6. Circle Officer, Block Ghoghardiha,Dist.-Madhubani 7. Ram Vilas Mukhiya@Ram Vilas Mallick s/o Awadh Mallick @ Awash Mukhiya Resident of Village-Khopa,House No.17, P.O. Sudai-Ratauli,P.S. Phulparas,Dist.-Madhubani 8. Rijhan Mallick S/oAwadh Mallick Resident of Village-Khopa,House No.17, P.O. Sudai-Ratauli,P.S. Phulparas,Dist.-Madhubani 9. Ashok Mallick S/o Awadh Mallick Resident of Village-Khopa,House No.17, P.O. Sudai-Ratauli,P.S. Phulparas,Dist.-Madhubani Patna High Court CWJC No.10281 of 2019(5) dt.13-01-2026 2/4 ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Durga Nand Jha, Adv. Mrs. Soni Kumari, Adv. For the Respondent/s : Mrs. Nutan Sahay, AC to AAG-12 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 5 13-01-2026 Heard Mrs. Soni Kumari, learned counsel for the petitioner and Mrs. Nutan Sahay, learned State Counsel. 2. The present application has been preferred for the following relief(s): (i) Issuance of a writ in the nature of certiorari for quashing the order dated 7.3.2019 whereby three private Tanks of petitioners have been allotted to Respondents 7 to 9 for the year 2018-19 for collection of Revenue without following the procedures of settlement in as much the tanks are exclusive raiyati tank of petitioners since the Bate of vesting of Jamandary and petitioners have been paying the rental to Government till date. (ii) Issuance of a consequential writ in the nature of Mandamus directing and commanding Respondents to re-call the order dates 7.3.2019 as the tanks in question was never declared as Government Sairat nor any proceeding under section 4 (h) of Land Reforms Act was ever initiated and Patna High Court CWJC No.10281 of 2019(5) dt.13-01-2026 3/4 thus tanks are raiyati Lands of Petitioners and it cannot be settled to strangers. (iii) Issuance of an appropriate holding and declaration that once tanks in question were never declared as Government Sairat and those are still under possession of the petitioners and accordingly they are paying the rental to Government, the said tanks cannot be settled to individuals of same family against the Provisions of Bihar Jalkar management Act 2006 (as Amended update) and thus the impugned settlement is bad in law and is fit to be set aside. (iv) Issuance of an appropriate declaration that once the proceeding under section 4(h) of the Land Reforms Act has never held, Government had passed order holding the lands as raiyati lands of ancestors of petitioners, and tanks in question, were never declared as Sairat, the impugned settlement of tanks is illegal, arbitrary, in colourable exercise of Power and thus is fit to be set aside and it is also otherwise bad in law as neither any notice was issued to petitioners nor the petitioners were allowed any opportunity to show that impugned tanks are their raiyati land and thus Principles of Natural Justice has also violated on which ground alone the impugned settlement is fit to be quashed. Patna High Court CWJC No.10281 of 2019(5) dt.13-01-2026 4/4 3. Learned State Counsel, at the outset submits that settlement for the year 2018-19 was challenged which period is already over. She has further taken this Court to the unrebutted counter affidavit filed on behalf of the respondent nos. 2 and 4 to 6 with reference to paragraph 19 to show that it is a ‘gair majarua’ land in possession of the State Government. 4. The copy of the counter affidavit was served upon the learned counsel for the petitioner on 27.08.2019 and there is no rebuttal to it. 5. Considering the aforesaid facts as also that the period for which the settlement was made (2018-19) already stands lapsed, granting liberty to the petitioner to agitate afresh, if need so arise as also to approach appropriate Competent Court for the redressal of the grievance, the writ petition is disposed of. Vijay Singh/- (Rajiv Roy, J) U