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Patna High Court

Ram Chandra Singh @ Ramchandar SinghversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The writ petition is disposed, with the Court directing the Additional Collector to expedite the pending administrative proceedings and pass a reasoned order.

Summary

Petitioner Ram Chandra Singh filed a writ petition seeking the quashing of a Jamabandi cancellation proceeding (Case No. 101 of 2025‑26) and protection of his peaceful possession of land recorded in Jamabandi No. 423. The petition alleged that the land had been settled by Patta in 1940 and was protected by earlier judgments of the High Court. The respondents, comprising various State officials, filed a counter‑affidavit stating that the matter was already pending before the Additional Collector, Saran, and that both parties had been heard. The Court observed that the administrative proceedings were ongoing and that the parties had been given an opportunity to present their case before the Collector. Consequently, the Court directed the Additional Collector to expedite the matter and pass a reasoned order, and disposed of the writ petition without granting any relief.

Issues considered

  • Whether the High Court can quash the Jamabandi cancellation proceeding initiated by the State.
  • Whether the High Court can issue a writ directing protection of the petitioner's possession of the land.

Subjects

  • writ jurisdiction
  • land reform
  • Jamabandi cancellation
  • possession
  • administrative law
  • high court disposal

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.11652 of 2025
                 ======================================================
                 Ram Chandra Singh @ Ramchandar Singh Son of Late Ram Surat Singh @
                 Ramsurat Singh, Resident of Village-Mashrak (Barahiya Tola), P.O. and P.S.-
                 Mashrak, District-Saran at Chapra-841417.

                                                                          ... ... Petitioner/s
                                                 Versus
           1.    The State of Bihar through the Additional Chief Secretary, Department of
                 Revenue and Land Reforms, Government of Bihar, Patna.
           2.    The Divisional Commissioner, Saran Division, Chapra.
           3.    The Collector cum District Magistrate, Saran at Chapra.
           4.    The Superintendent of Police, Saran at Chapra.
           5.    The Additional Collector, Saran at Chapra.
           6.    The Sub-Divisional Officer, Marhaura, Saran.
           7.    The Deputy Collector Land Reforms, Marhaura, Saran.
           8.    The Circle Officer, Mashrak, Saran.
           9.    The Block Development Officer, Mashrak, Saran.
           10. The Station House Officer, Mashrak Police Station, District-Saran.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :        Mr.Jeetendra Narayan, Advocate
                 For the Respondent/s   :        Mr.Standing Counsel (13)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

3   20-04-2026                   Heard Mr.Jeetendra Narayan, learned counsel for

                   the petitioner and the State.

                               2. The present petition has been preferred for the

                   following relief/s:

                                            (i) for quashing the entire proceeding of

                                            Jamabandi Cancellation Case No. 101 of

                                            2025-26 (The State through Circle Officer,

                                            Mashrak Vs. Ramchandar Singh) and Notice
Patna High Court CWJC No.11652 of 2025(3) dt.20-04-2026
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                                  dated 12.04.2025 issued by the Additional

                                  Collector, Saran at Chapra (Respondent No.

                                  5) [Annexure-6 Series] whereby and where

                                  under the said respondent directed to the

                                  petitioner to file document/evidences by

                                  30.04.2025 in Jamabandi to Cancellation

                                  Case initiated relating cancellation of

                                  Jamabandi No. 423, running in the name of

                                  Ram Surat Singh (Father of the Petitioner),

                                  Village Mashrakh its Revenue Thana No.

                                  139, connecting Khata No. 502, Survey Plot/

                                  Khesra No. 572 admeasuring in Area of 12

                                  Katha 01 dhur under Revenue Circle/Block-

                                  Mashrak in the District of Saran;

                                  (ii) for directing the respondents to not

                                  disturb the peaceful possession of the

                                  petitioner upon the abovementioned subject

                                  land situated under Khata No. 502. Survey

                                  Plot/ Khesra No 5872 admeasuring in Area

                                  of 12 Katha 01 Thur in North-Sanfula

                                  Kunwar, Shiv bounded Shankar Singh, in

                                  South Road, East- Magar Khan, West- Oli
Patna High Court CWJC No.11652 of 2025(3) dt.20-04-2026
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                                  Mohammad Miyan under Jamabandi No 423

                                  which is running in the name of Father of

                                  the Petitioner namely Ram Surat Singh of

                                  the subject land on the basis of settlement by

                                  way of Patta dated 14.04.1940 vide No. 125-

                                  B issued by the competent authority of the

                                  State of Sri Babu Kirti Prasad Narayan

                                  Singh, Malik. Mashrakk which was affirmed

                                  by registered Kabuliyatnama vide Deed No.

                                  1174 registered on 15 April 1940 situated

                                  under Revenue Circle / Block - Mashrak in

                                  the District of Saran, the said Jamabandi is

                                  running since very long which has been

                                  protected by mandates of Hon'ble Court

                                  passed in a cases of Ramanandan Singh Vs.

                                  The State of Bihar, Jagarnath Jha Vs. the

                                  State of Bihar, Nathuni Singh and others Vs,

                                  the State of Bihar and Others, Bhola Das Vs.

                                  State of Bihar and Ramowatar Lakhotia Vs.

                                  The State of Bihar and others;

                                  (iii)   and     any     other   writ(s),   order(s),

                                  direction(s) to which the petitioner which
         Patna High Court CWJC No.11652 of 2025(3) dt.20-04-2026
                                                     4/4




                                           may deem just proper and necessary in view

                                           of the facts and circumstances discussed

                                           herein under.

                                3. A counter affidavit has come on behalf of the

                   respondent nos. 3 and 8 and learned State counsel has taken this

                   Court to paragraph-6 and 7 to show that the matter is presently

                   pending before the Additional Collector, Saran at Chapra where

                   the parties have already appeared, to put forward their

                   respective views.

                                4. Considering the aforesaid, directing the Additional

                   Collector, Saran at Chapra to expedite the case and after hearing

                   all the parties passed a reasoned order in accordance with law at

                   an earliest, the writ petition is disposed of.




                                                 (Rajiv Roy, J)
Ravi/-

U


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