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Bihar Land Disputes Resolution Rules, 2010
Bihar Land Disputes Resolution Rules, 2010
Sections
1. Short Title, Extent and Commencement.
Section 12. Definitions.
Section 23. Procedure for filing applications before the Competent Authority.
Section 34. Place of filing application.
Section 45. Application fee.
Section 56. Contents of application.
Section 67. Scrutiny of applications.
Section 78. Mode of service of notice or order.
Section 89. Filing of reply and other documents by opposite party.
Section 910. Perusal of records.
Section 1011. Date and place of hearing to be notified.
Section 1112. Action on applicant's default.
Section 1213. Ex-parte hearing.
Section 1314. Adjournment of hearing.
Section 1415. Hearing, local enquiry, examination of witnesses and disposal of the case.
Section 1516. Calendar of cases and time limit for disposal.
Section 1617. Abatement of proceeding.
Section 1718. Reference to Competent Magistrate.
Section 1819. Periodical report.
Section 1920. Calling for a report.
Section 2021. Reviewing the functioning of the Competent Authority.
Section 2122. Attachment of standing crop and sale thereof.
Section 2223. Appeal before the Commissioner.
Section 2324. Substitution of legal representatives.
Section 2425. Conditions as to passing of interim orders.
Section 2526. Order to be signed and sealed.
Section 2627. Orders and directions in certain cases.
Section 2728. Supply of copies of orders and documents.
Section 2829. Communication of order.
Section 2930. Execution of order.
Section 3031. Officers under the Act to have powers of Civil Court.
Section 3132. Enquiries and proceedings under the Act to be judicial.
Section 32
bihar-land-disputes-resolution-rules-2010-2010.json
•
32 Sections
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Bihar
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"id": 15364,
"slug": "bihar-land-disputes-resolution-rules-2010-2010",
"title": "Bihar Land Disputes Resolution Rules, 2010",
"short_title": "Bihar Land Disputes Resolution Rules, 2010",
"act_number": "Published vide Notification No. 95(8) Ra, dated 11",
"act_year": 2010,
"act_type": "STATE",
"location": "Bihar",
"law_status": "unknown",
"enactment_date": null,
"description": "Bihar Land Disputes Resolution Rules, 2010",
"preamble": "",
"section_label": "Section",
"sections": [
{
"number": "1",
"title": "1. Short Title, Extent and Commencement.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
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{
"number": "2",
"title": "2. Definitions.",
"chapter": null,
"content": "(i) 'Act' means the Bihar Land Disputes Resolution Act, 2009. (Act 4 of 2010).\n(ii) 'Section' means the Section of the Bihar Land Disputes Resolution Act, 2009. (Act 4 of 2010).\n(iii) 'Competent Authority' means the Deputy Collector Land Reforms or any other officer authorised to discharge the functions and duties of Deputy Collector Land Reforms in the Sub-division.\n(iv) 'Collector' connotes the Collector of the concerning district.\n(v) 'Commissioner' connotes the Commissioner of the concerning Division.\n(vi) 'Land' connotes Government land, or raiyati land with structure, if any.\n(vii) 'Allotted Land or Settled Land' connotes the land which is allotted or settled or on which raiyati rights have accrued under any of the Acts mentioned in Schedule-1 to the Public Land Disputes Resolution Act, 2009 (Act 4 of 2010).\n(viii) 'Allottee or Settlee' connotes the person with whom land has been settled by the Competent Authority or the person who has acquired raiyati rights over the land, under any of the Acts contained in Schedule-1 of this Act.\n(ix) 'Raiyat' connotes a raiyat as defined under the provisions of the Bihar Tenancy Act, 1885.\n(x) 'Government' means the Government of Bihar.\n(xi) 'Prescribed authority or officer' under Section-4 (i) of the Act connotes the following :-\n(a) Principal Secretary/Secretary, Department of Revenue & Land Reforms, Government of Bihar, Patna or an officer authorised by him for the purposes of this Act.\n(b) Principal Secretary/Secretary, Chief Secretary's Cell Public Grievances, Department of Cabinet Secretariat, Government of Bihar, Patna or an officer authorised by him for the purposes of this Act.\n(c) Principal Secretary/Secretary, Chief Minister's Secretariat, Bihar or an officer authorised by him for the purposes of this Act.\n(d) Commissioner of the Division.\n(e) Collector of the District.\n(xii) 'Advocate' shall have the same meaning as is assigned to it in the Advocates Act, 1961 (25 of 1961).\n(xiii) 'Legal representative' means a person who in law represents the estate of the deceased.\n(xiv) Words or expressions not defined in the Act or the Rules shall have the same meaning as assigned in the respective Acts contained in Schedule-1 to this Act.\nChapter 2\nDisposal of Cases by Competent Authority",
"footnote": "",
"is_definition": true,
"sort_order": 1
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{
"number": "3",
"title": "3. Procedure for filing applications before the Competent Authority.",
"chapter": null,
"content": "(ii) The application under sub-rule (i) shall be presented in triplicate in a paper book form.\n(iii) The Competent Authority may permit more than one person to join together and file a single application in case cause of action and the nature of relief prayed for is same or that they have a common interest in the matter.\nExplanation.",
"footnote": "",
"is_definition": false,
"sort_order": 2
},
{
"number": "4",
"title": "4. Place of filing application.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 3
},
{
"number": "5",
"title": "5. Application fee.",
"chapter": null,
"content": "(ii) If application is filed through a lawyer, it should be accompanied by a proper Vakalatnama with stamp thereon and also with welfare stamp of rupees five thereon. In case the application is filed through agent, it should be accompanied by proper authorization by the applicant.",
"footnote": "",
"is_definition": false,
"sort_order": 4
},
{
"number": "6",
"title": "6. Contents of application.",
"chapter": null,
"content": "(ii) Every application shall be, to the extent possible, typed in double space on one side on thick paper of good quality.\n(iii) It shall not be necessary to present a separate application to seek an interim order or direction if the same is prayed for in the original application.\n(iv) An applicant may, subsequent to the filing of an application, apply for an interim order or direction. Such application shall, as far as possible, be in the prescribed form.\n(v) The following documents shall accompany the application, to the extent possible :-\nA. (i) An attested true copy of the order, if any, against which or concerning which the application is filed.\n(ii) Copies (Photostat/attested) of the documents relied upon by the applicant and referred to in the application;\n(iii) An index of the documents.\nB. The documents referred to in sub-rule (A) may be attested by a legal practitioner or by a Gazetted Officer and each document shall be marked serially as Annexures.\nC. Where an application is filed by an agent, documents authorising him to act as such agent shall also be appended to the application:\n(vi) The pleadings shall be verified in the same manner as provided for in Order-VI Rule-15 of the Code of Civil Procedure, 1908.",
"footnote": "",
"is_definition": false,
"sort_order": 5
},
{
"number": "7",
"title": "7. Scrutiny of applications.",
"chapter": null,
"content": "(ii) If, on scrutiny, the application is found to be in order, it shall be duly registered and given a serial number.\n(iii) If the application, on scrutiny, is found to be defective and the defect noticed is formal in nature, the Section Officer or authorised Assistant may allow the concerning party to rectify the same and if the defect is not formal in nature, the Section Officer or authorised Assistant may allow the applicant such time to rectify the defect, as he may deem necessary.\n(iv) If the applicant fails to rectify the defect within the time allowed under sub-rule (iii), the Section Officer may, by order and for reasons to be recorded in writing, decline to register the application and inform the applicant accordingly.\n(v) An appeal against the order passed under sub-rule (iv) may be preferred by the person aggrieved within thirty days from the date of such order, to the competent authority and such appeal may be dealt with and disposed off by the competent authority or in his absence, any officer authorised by the Sub-Divisional Officer by special or general order, whose decision thereon shall be final.",
"footnote": "",
"is_definition": false,
"sort_order": 6
},
{
"number": "8",
"title": "8. Mode of service of notice or order.",
"chapter": null,
"content": "(ii) Where the person on whom the notice or order is to be served and his agent in-charge of the land to which the notice or the order relates, can not be found and also where such person has no agent empowered to accept service of notice or order on his behalf, service may be made on any adult member of the family of such person, residing with him.\n(iii) Where the serving officer delivers or tenders a copy of the notice or order to the person to be served with notice or order personally or to any agent or other person on his behalf, he shall require the signature of the person to whom the copy is so delivered or tendered, as an acknowledgement of service to be endorsed on the original notice or order.\n(iv) Where the person to be served with notice or order or his agent or such other person as aforesaid refuses to sign the acknowledgement or where the serving officer, after using all due and reasonable diligence, cannot find the person to be served with the notice or order and there is no agent empowered to accept service of notice or order on his behalf, or any other person on whom service, can be made, service may be made by affixing a copy of the notice or order on the outer door or some other conspicuous part of the house in which the person to be served with the notice or order, ordinarily resides or carries on business or works for gain or on the outer door of the office, if any, of the person to whom the notice or order relates.\n(v) The serving officer shall, in all cases in which the notice or order has been served under sub-rules (ii), (iii) or (iv), endorse or annex or cause to be endorsed or annexed on or to the original notice or order, a report stating the date on which and manner in which the notice or order was served and the name and addresses of two persons witnessing the service.\n(vi) Notwithstanding anything contained in the foregoing sub-rules the competent authority shall, in cases of service of notice or order under sub-rule (iv) and may in other cases also, if it is thought fit, order that the notice or order shall be served by sending a copy thereof, duly signed and sealed, by registered post with acknowledgement due to the person on whom such notice or order is to be served; the posting of the notice or order shall be sufficient proof of the service of such notice or order on the person concerned;\n(vii) Where the person to be served with a notice or order under the Act is a minor or a person of unsound mind, the service shall be made in the aforesaid manner on the guardian of such minor or person of unsound mind as the case may be.",
"footnote": "",
"is_definition": false,
"sort_order": 7
},
{
"number": "9",
"title": "9. Filing of reply and other documents by opposite party.",
"chapter": null,
"content": "(ii) In the reply filed under sub-rule (i), the opposite party shall specifically admit, deny or explain the facts stated and grounds taken by the applicant in his application and may state such additional facts as may also be found necessary for a just decision of the case.\n(iii) The opposite party shall also serve a copy of reply alongwith documents as referred to in sub-rule (i) on the applicant or his lawyer, if any, and file proof of such service alongwith the reply.\n(iv) The Competent Authority may allow one week's time to the applicant or the complainant for filing of rejoinder, documentary evidence, if any, and a list of witnesses, if any, to be examined by him.\n(v) The pleadings shall be verified in the same manner as provided for in Order VI, Rule 15 of the Code of Civil Procedure, 1908.",
"footnote": "",
"is_definition": false,
"sort_order": 8
},
{
"number": "10",
"title": "10. Perusal of records.",
"chapter": null,
"content": "(ii) Subject to such terms and conditions as may be prescribed by the Competent Authority by a general or special order, a person who is not a party to the proceeding, may also be allowed to peruse the record of the case after obtaining the permission of the Competent Authority in writing.",
"footnote": "",
"is_definition": false,
"sort_order": 9
},
{
"number": "11",
"title": "11. Date and place of hearing to be notified.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 10
},
{
"number": "12",
"title": "12. Action on applicant's default.",
"chapter": null,
"content": "(ii) Where an application has been dismissed for default and applicant files an application for the restoration of the case within thirty days from the date of dismissal and satisfies the Competent Authority that there was sufficient cause for his non appearance when the application was called for hearing, the Competent Authority shall make an order for setting aside the order of the dismissal of the application and restore the same.",
"footnote": "",
"is_definition": false,
"sort_order": 11
},
{
"number": "13",
"title": "13. Ex-parte hearing.",
"chapter": null,
"content": "(ii) Where an application has been fixed for hearing ex-parte against the opposite party such opposite party may apply to the Competent Authority for an order to set-aside the order for ex-parte hearing and if such opposite party satisfies the Competent Authority that the notice was not duly served on him or that it was prevented by any sufficient cause from appearing when the application was called for hearing, the Competent Authority may make an order setting aside the order for ex parte hearing as against him upon such terms as it thinks fit and shall fix a date for proceeding further with the application:",
"footnote": "",
"is_definition": false,
"sort_order": 12
},
{
"number": "14",
"title": "14. Adjournment of hearing.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 13
},
{
"number": "15",
"title": "15. Hearing, local enquiry, examination of witnesses and disposal of the case.",
"chapter": null,
"content": "(ii) If local enquiry is required, the Competent Authority may himself hold the enquiry or authorise any other public servant or Advocate to conduct the local enquiry and submit the report. The Competent Authority may also issue commission for local enquiry.\n(iii) If the Competent Authority considers it necessary to examine witnesses, he shall afford opportunity to the parties to the dispute to produce witnesses in support of the application or complaint and in rebuttal thereof. The Competent Authority shall ensure that witnesses are produced by the parties to the dispute without undue delay and shall also ensure that the examination of witnesses is conducted on day to day basis.\n(iv) The Competent Authority, on conclusion of the hearing, perusal of report of local inquiry, if any, and on examination of witnesses, if any, shall finally hear the parties and pass appropriate order in accordance with law.\n(v) The Competent Authority may pass an interim order of injunction in case of threatened, unauthorised and unlawful dispossession or unauthorized and unlawful demolition of structure constructed over the land in dispute.\n(vi) The Competent Authority shall dispose off cases by passing a reasoned order.",
"footnote": "",
"is_definition": false,
"sort_order": 14
},
{
"number": "16",
"title": "16. Calendar of cases and time limit for disposal.",
"chapter": null,
"content": "(ii) Every application and the cases and proceedings received on transfer shall be heard and decided, as far as possible, within three months from the date of registration.\n(iii) The Competent Authority shall have the power to decline prayer for adjournment and also to limit the time for oral arguments.",
"footnote": "",
"is_definition": false,
"sort_order": 15
},
{
"number": "17",
"title": "17. Abatement of proceeding.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 16
},
{
"number": "18",
"title": "18. Reference to Competent Magistrate.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 17
},
{
"number": "19",
"title": "19. Periodical report.",
"chapter": null,
"content": "Form 2(A) and 2(B)",
"footnote": "",
"is_definition": false,
"sort_order": 18
},
{
"number": "20",
"title": "20. Calling for a report.",
"chapter": null,
"content": "Form 3",
"footnote": "",
"is_definition": false,
"sort_order": 19
},
{
"number": "21",
"title": "21. Reviewing the functioning of the Competent Authority.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 20
},
{
"number": "22",
"title": "22. Attachment of standing crop and sale thereof.",
"chapter": null,
"content": "(ii) The Competent Authority may order the sale of standing crop, the deposit of sale proceeds thereof and the delivery of sale proceeds in accordance with Section 16 (2) of the Act.\nChapter 3\nAppeals",
"footnote": "",
"is_definition": false,
"sort_order": 21
},
{
"number": "23",
"title": "23. Appeal before the Commissioner.",
"chapter": null,
"content": "(ii) If the Commissioner is satisfied that there was sufficient cause for not filing the appeal within thirty days, he may receive and dispose off the appeal beyond the period of thirty days by extending it by another thirty days.\n(iii) The Commissioner shall issue notices to the contesting parties allowing them 15 days time for appearance and submission of a reply to the appeal, if any.\n(iv) Thereafter, the Commissioner shall hear the appeal and may pass such order allowing, modifying, reversing or affirming the order passed by the Competent Authority as he may deem fit in accordance with law.\nChapter 4\nGeneral",
"footnote": "",
"is_definition": false,
"sort_order": 22
},
{
"number": "24",
"title": "24. Substitution of legal representatives.",
"chapter": null,
"content": "(ii) Where no application is received from legal representatives within the period specified in sub-rule (i), the proceeding against the deceased party shall abate:",
"footnote": "",
"is_definition": false,
"sort_order": 23
},
{
"number": "25",
"title": "25. Conditions as to passing of interim orders.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 24
},
{
"number": "26",
"title": "26. Order to be signed and sealed.",
"chapter": null,
"content": "(ii) The order shall be pronounced in open court.",
"footnote": "",
"is_definition": false,
"sort_order": 25
},
{
"number": "27",
"title": "27. Orders and directions in certain cases.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 26
},
{
"number": "28",
"title": "28. Supply of copies of orders and documents.",
"chapter": null,
"content": "(ii) Application for copy shall be filed in the form prescribed for in the Records Manual after affixing a court fee stamp of rupees five .\n(iii) The copying section will requisition the required paper from the office of the Competent Authority and after that will notify the required folios for supply of the copy applied for and on deposit of the required folios for the supply of the copy applied for, the order and/or document shall be copied out on the folios and after proper comparison of the same, and putting signatures of the copying clerk and the comparer, a seal of 'certified to be true copy' will be put thereon with the signature of the in-charge officer and thereafter, the same will be supplied to the person applying for the copy.\n(iv) The papers and the record, after the copies are supplied, shall be returned back to the office of the Competent Authority:",
"footnote": "",
"is_definition": false,
"sort_order": 27
},
{
"number": "29",
"title": "29. Communication of order.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 28
},
{
"number": "30",
"title": "30. Execution of order.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 29
},
{
"number": "31",
"title": "31. Officers under the Act to have powers of Civil Court.",
"chapter": null,
"content": "(i) Admission of evidence through affidavit.\n(ii) Summoning of a person, making his appearance mandatory and trying him on oath.\n(iii) Making the submission of documents mandatory.\n(iv) Passing orders as to costs.",
"footnote": "",
"is_definition": false,
"sort_order": 30
},
{
"number": "32",
"title": "32. Enquiries and proceedings under the Act to be judicial.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 31
}
],
"metadata": {
"Act ID": "bh397",
"Act Number": "Published vide Notification No. 95(8) Ra, dated 11.2.2010",
"Enactment Date": "",
"Act Year": "2010",
"Short Title": "Bihar Land Disputes Resolution Rules, 2010",
"Type": "STATE",
"Location": "Bihar"
},
"updated_at": "2026-09-29 21:55:19"
}