Created by Fuzzy Cloud

Patna High Court

Manju KumariversusThe State of Bihar

Decided
Disposal
DISPOSED

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
     ======================================================
     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.
Patna High Court CWJC No.10859 of 2022 dt.30-04-2026
                                             2/5




                         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
Patna High Court CWJC No.10859 of 2022 dt.30-04-2026
                                           3/5




         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
Patna High Court CWJC No.10859 of 2022 dt.30-04-2026
                                           4/5




         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
             Patna High Court CWJC No.10859 of 2022 dt.30-04-2026
                                                        5/5




                      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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.