Patna High Court
Manoj SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The Court held that the petition is premature and must be first presented to the appropriate authority; therefore, the writ petition is disposed.
Summary
Manoj Singh filed a writ petition seeking mandamus directing various state officials to create a Jamabandi/Mutation entry for his 4.34 acre land released from consolidation proceedings under notification u/s‑26(A) of the Bihar Consolidation of Holding and Prevention of Fragmentation Act, 1956, to take rent from him and to issue a rent receipt. The petitioner also asked the court to compel the authorities to prepare the necessary documents and forward them to the Circle Officer. The State counsel pointed out that the petitioner had not approached the appropriate administrative authority before filing the petition. The Court observed that the petitioner must first file a proper petition before the concerned authority within four weeks and, if filed, the matter should be concluded by 30‑06‑2026. Consequently, the writ petition was disposed with the observation that it was premature. No substantive order directing the respondents to act was issued.
Issues considered
- Whether a writ of mandamus can be issued directing the creation of Jamabandi/Mutation and issuance of rent receipt when the petitioner has not approached the appropriate administrative authority.
Legislation cited
Subjects
- mandamus
- jamabandi
- mutation
- land consolidation
- rent receipt
- administrative law
- Bihar Consolidation Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1091 of 2026
======================================================
Manoj Singh Son of Baleshwar Singh, Resident of Village-Rahka Pokhariya
Kasba, P.S.-Bochgaon, District-Purnea.
... ... Petitioner/s
Versus
1. The State of Bihar through the Director Consolidation Budh Marg, Patna.
2. The Deputy Director Consolidation, Budh Marg, Patna.
3. The Commissioner cum Secretary, Revenue and Land Reforms Department,
Bihar, Patna.
4. The Joint Director Consolidation, Purnia at Patna.
5. The District Collector, Purina.
6. The Additional Collector Cum Deputy Director Consolidation, Purnia.
7. The Consolidation Officer, Purnia.
8. The Circle Officer, Kasba, Purnea.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vijay Shankar Shrivastava, Advocate
For the Respondent/s : Mr. Ramadhar Singh, Government Pleader (25)
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 27-01-2026 Heard Mr. Vijay Shankar Shrivastava, learned counsel
for the petitioner and the State.
2. The present petition has been preferred for the
following relief(s):
“I. For issuance of a writ in the nature of
Mandamus Commanding and directing the
Respondents to create the Jamabandi / Mutation,
entry in Register-II of the Circle Office Kasba
purnia and also allow the Petitioner to deposit the
rent of the land situated under Mauza Pokhariya,
Patna High Court CWJC No.1091 of 2026(2) dt.27-01-2026
2/4
Thana No-216, Chak Khata No.-183, Chak Khesra
No.-26 and 26/1, total measuring area 4.34 (4 acre
34 decimal) which has been released from
consolidation proceeding and accordingly the
notification u/s-26(A) of the Bihar Consolidation of
Holding and Prevention of Fragmentation Act,
1956 and Rule, 1958 has been made.
II. For issuance of a writ in the nature of
Mandamus Commanding and directing the
Respondents to take rent of the land situated under
Mauza- Pokhariya Thana No- 216, Chak Khata
No. 183, Chak Khesra No.-26 and 26/1, total
measuring area 4.34(4 acre 34 decimal) from the
Petitioner and also issue rent receipt etc in favour
of the Petitioner for the aforesaid land.
III. For issuance of a writ in the nature
of Mandamus, Commanding and directing the
Respondents to proceed after the notification of u/s
26(A) of the Bihar Consolidation of Holding and
Prevention of Fragmentation Act, 1956 and Rule,
1958 and to prepared the document with regard to
the land of the Petitioner situated under Mauza
Patna High Court CWJC No.1091 of 2026(2) dt.27-01-2026
3/4
Pokhariya, Thana No- 216, Chak Khata No. 183,
Chak Khesra No.-26 and 26/1, total measuring
area 4.34(4 acre 34 decimal), if not prepared and
thereafter to submit the all prepared documents /
paper to the Circle Officer Kasba, Purnia for
creation of Jamabandi / Mutation, entry in
Register-II of the Circle Office Kasba, Purnea and
thereafter issued rent receipt etc in the favour of
the Petitioner.
IV. To grant any other relief or reliefs for
which the Petitioner is entitled from the facts and
circumstances of the case.”
3. Learned counsel for the petitioner submits that the
prayer is very simple, to issue rent receipt after taking the rent.
4. Learned State counsel submits that from the
supporting documents which is part of the writ petition,
nowhere it has been mentioned that the petitioner ever
approached the appropriate authority for the redressal of his
grievance.
5. Learned counsel for the petitioner submits that one
Bimal Lal Vishwas had earlier preferred a petition on
24.09.2025 alongwith other villagers and he is part of it.
Patna High Court CWJC No.1091 of 2026(2) dt.27-01-2026
4/4
6. The submission put forward by learned State
counsel is justified, the petitioner without approaching
appropriate authority has moved before this Court. He is well
advised to file a proper petition before appropriate authority in
next four weeks.
7. Needless to add, if such petition is filed, it has to be
taken to its logical conclusion preferably by 30.06.2026 in
accordance with law.
8. The writ petition stands disposed of with aforesaid
observation.
(Rajiv Roy, J)
Adnan/-
U
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