Patna High Court
Manju KumariversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SOURENDRA PANDEY
Holding
The court directed the Additional Collector to consider the petitioner’s documents and pass a reasoned order for reconstruction of Register‑II in her favour within two months.
Summary
Manju Kumari, daughter of the late Puran Sada, filed a writ petition under Article 226 seeking reconstruction of Register‑II for land (Jamabandi No. 97/Ka) where her father is recorded as the raiyat. She produced the Khatiyan, a certified copy of Register‑II, rent receipts and other settlement documents, but the Additional Collector, Khagaria, dismissed her claim stating the evidence was insufficient. The petitioner contended that the Circle Officer had already found the page of Register‑II torn yet affirmed her father's title and possession. The High Court examined the annexures and held that the documents sufficiently establish the father's ownership and therefore merit reconstruction of the record. Consequently, the Court directed the petitioner to submit all relevant documents to the Additional Collector, who must pass a reasoned order for reconstruction of Register‑II within two months, and disposed of the writ application.
Issues considered
- Whether the authorities are obligated to reconstruct Register‑II based on the documents produced by the petitioner.
- Whether the Additional Collector was justified in dismissing the petition for alleged insufficiency of evidence.
- Whether the petitioner is entitled to recognition of title and issuance of rent receipts under revenue law.
Subjects
- Article 226
- land record reconstruction
- Jamabandi
- Register‑II
- revenue law
- property rights
- writ petition
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.10859 of 2022
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Manju Kumari Daughter of Late Puran Sada, wife of Sattan Sada Resident of
Village- Naraina, P.O.- Chatar, P.S.- Alauli, District- Khagaria, Bihar.
... ... Petitioner/s
Versus
1. The State of Bihar Through its Chief Secretary, Government of Bihar, Patna.
2. The Principal Secretary, Revenue and Land Reforms Department,
Government of Bihar, Patna.
3. The District Magistrate/Collector, Khagaria.
4. The Deputy Collector, Land Reforms, Khagaria, Bihar.
5. The Sub-Divisional Officer, Khagaria.
6. The Circle Officer, Alauli, District- Khagaria.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Raja Ram Mishra, Adv.
For the Respondent/s : Mr. AC to GP-18
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL JUDGMENT
Date : 30-04-2026
The learned counsel for the petitioner is permitted
to implead the Additional Collector, Khagaria as respondent
No. 7 during the course of the day.
2. The learned counsel for the petitioner submits
that he shall be filing the original copy of the writ petition in
the Office by tomorrow, i.e., 01.05.2026.
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3. Heard the learned counsel for the parties.
4. The petitioner, under Article 226 of the
Constitution of India, has preferred the present writ application
seeking following relief(s) :
(i) To issue direction upon Respondents to
reconstruct the record of Register- II having Jamabandi
no.97(k) of the land bearing Tauzi- 7561 Thana no.192,
Khata no.686/Ka, khesra no. 1809 measuring Ten (10)
Bigha and Khesra no.1763 measuring Seven (7) Bigha
Ten(10) Katha Nineteen (19) Dhur Total area of land
Katha about Seventeen (17) Bigha Ten(10) Nineteen(19)
Dhur as the name of Father of the petitioner, Puran Sada
is recorded as Raiyat of the said land in Records of Right
including Register-I and Register-II.
(ii) To issue direction upon the Respondents that
after reconstruction of the record in register -II in the
Circle Office, Alauli, the rent receipt of the said land be
issued to the petitioner.
(iii) To issue other order/orders/direction to the
ends of justice.
5. The learned counsel for the petitioner submits
that despite the fact that the petitioner produced all relevant
documents including Khatiyan, the certified copy of Register-
II and rent receipts for a certain periods, the authorities are not
reconstructing Register-II, which has been stated to be torn.
6. It has been submitted on behalf of the
petitioner that earlier the Circle Officer, Alauli had inquired
into the matter and has submitted a report and had stated
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categorically that Jamabandi No. 97/Ka was entered in the
name of the father of the petitioner, however the page of
Register-II is torn. It has further been submitted that the Circle
Officer has further observed that the land was in possession of
the petitioner and the rent receipts for the period 1968-1981
was also issued in her favour.
7. It has next been submitted on behalf of the
petitioner that despite such categorical finding, the Additional
Collector, Khagaria dismissed the appeal of the petitioner,
holding that the documents submitted by her was not enough
for reconstruction of the Jamabandi.
8. The learned AC to GP-18 submits that the
documents which has been produced by the petitioner was
found to be not enough by the Additional Collector, Khagaria,
who has set aside the claim of the petitioner for reconstruction
of the Jamabandi. It has further been submitted that the
Revision and the B.L.T. cases preferred by the petitioner were
rightly dismissed as there was nothing to show on behalf of the
petitioner, which would enable the authorities to reconstruct
the Jamabandi, which is said to be created in favour of Puran
Sada, the father of the petitioner.
9. After having heard the parties and on perusal
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of their respective pleadings, this Court finds that the
petitioner, by way of Annexure-1 and 2, has brought on record
the copy of the Khatiyan and the certified copy of Register-II,
wherein the name of the father of the petitioner has been
entered as the land-holder of the land in question and
Jamabandi No. 97/Ka was created in favour of the father of the
petitioner.
10. From perusal of Annexure-3, it is also evident
that the petitioner has produced before the Circle Officer,
Alauli, the documents related to Bandobasti, Return-I and the
orders of the Commissioner, Bhagalpur in order to ascertain
the title of the petitioner and, therefore, had opined for the
reconstruction of Jamabandi in favour of the petitioner.
11. In view of such documents, which are in
possession of the petitioner, who claims herself to be the
daughter of one Late Puran Sada in whose favour the land was
settled by the ex-Zamindar, the petitioner is directed to
approach the newly added respondent No. 7, i.e., the
Additional Collector, Khagaria with all the relevant documents
in her possession, including the copy of Khatiyan, the certified
copy of Register-II as well as the copy of the returns and any
other document(s) relating to settlement in favour of the father
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of the petitioner, who (the Additional Collector, Khagaria),
after taking into account all such documents, shall pass
necessary reasoned order(s) for reconstruction of Register-II in
favour of the petitioner. The said exercise shall be carried out
within a period of two months from the date of
receipt/production of a copy of this order.
12. With the aforesaid observation/direction, the
writ application stands disposed of.
13. Interlocutory application(s), if any, also
stands disposed of accordingly.
(Sourendra Pandey, J)
Praveen-II/-
AFR/NAFR NAFR
CAV DATE N/A
Uploading Date 01.05.2026
Transmission Date N/A
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