Petitioner sought quashing of DCLR's rejection of his application for conversion of leased agricultural land to non-agricultural use under the Bihar Act of 2010. The court held a lessee cannot seek conversion without owner's consent and disposed of the writ petition.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.13762 of 2021
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Sumeshwar Prasad son of Kapileshwar Prasad resident of Village- Gopalganj, P.S.- Islampur, District- Nalanda.
... ... Petitioner/s
Versus
... ... Respondent/s
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Appearance : For the Petitioner/s : Mr.Abhinay Raj, Advocate. For the Respondent/s : Mr.Arif Daula Siddiqui, AC to SC-25.
====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL JUDGMENT
Date : 06-01-2026
Heard Mr. Abhinay Raj, learned counsel appearing
on behalf of the petitioner and Mr. Arif Daula Siddiqui, learned counsel for the State.
“1. That this writ application is being filed for issuance of an appropriate writ for quashing of order contained in Memo No. 130 dated 24.02.2020 issued by the Deputy Collector, Hilsa, Nalanda, whereby the application of the petitioner for conversion of his land from agricultural to non-agricultural use has been rejected. A further direction be issued calling upon the respondent to bring on record the order passed by the Sub-Divisional Officer, Hilsa, as referred to in the Memo No. 130 dated 24.02.2020 and the same be quashed.”
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Patna High Court CWJC No.13762 of 2021 dt.06-01-2026 3/5
reasoned order has been passed as contained in Memo No. 130 dated 24.02.2020 by the DCLR assigning reason that the land for which the petitioner has made an application for conversion from agricultural to non-agricultural, he has taken the aforesaid land on lease and without consent or any application made by the original landholder, the DCLR has rightly rejected the application of the petitioner and as such the order is supported by the valid reasons and requires no interference by this Court.
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the petitioner nor the agreement binds the petitioner to make payment of the rent to the Revenue Authority on behalf of the
lessor – the original landholder.
under:
(j) “Occupier” includes
(i) any person for the time being paying or liable to pay the rent, or any portion of the rent, for the land or, for the structure constructed thereon;
(ii) a rent free occupant;
(k) "Owner" includes any person for the time being receiving or entitled to receive, whether on his own account, or as an agent, trustee, guardian, manager or receiver, for another person, or for any religious, educational or charitable purpose, rent or profits for the agriculture land or for the structure constructed on such land and includes the following to whom the land have been leased out by the State Government or the Central Government:
(i) A lessee, if the land has been leased out by the Government for any non- agriculture purpose deriving income therefrom.
(ii) a Local Authority, if the land is vested in the Local Authority and used for any non-agriculture purpose deriving income therefrom.
conversion of the agricultural land on the basis of him being the occupier arising out of the lease agreement, which binds him with the terms and conditions of the contract. The authority cannot change the nature of the land at the instance of the lessee, the petitioner of the present case.
occupier and the owner of the land, I am not inclined to interfere
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with the order passed by the DCLR dated 24.02.2020, as contained in Memo No. 130 (Annexure-6).
do so with the consent of the owner of the land.
disposed of.
(Purnendu Singh, J)
mantreshwar/-
| AFR/NAFR | NAFR |
|---|---|
| CAV DATE | NA |
| Uploading Date | 08.01.2026 |
| Transmission Date | NA |
2 issues framed by the court
Whether a lessee, as occupier under the lease agreement, can apply for conversion of leased agricultural land to non-agricultural use without the owner's consent.
Whether the DCLR's rejection order dated 24.02.2020 was sustainable.
1 provisions across 1 enactments
Sumeshwar Prasad
The State of Bihar
The District Magistrate, Nalanda, Biharsharif
The Sub-Divisional Officer, Hilsa, Nalanda
The Deputy Collector Land Reforms, Hilsa Nalanda
The Circle Officer, Parbalpur Block, Nalanda
Purnendu Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
