Patna High Court
Kanhaiya Kumar PandayversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The Court held that the petitioners must pursue their claim in the pending jamabandi cancellation proceeding before the Additional Collector, and therefore dismissed the writ petitions.
Summary
Petitioners Kanhaiya Kumar Panday and Haribansh Kumar Gautam claimed ownership of four kathas of ancestral land within a 2.54‑acre plot where the State was constructing a Panchayat Bhawan. They sought to quash the district magistrate's order permitting construction and to obtain a mandamus protecting their land. The High Court noted that an earlier writ (CWJC No. 3409/2025) had directed the petitioners to approach the Collector, who rejected their claim, labeling the land as Gair Majarua Aam. The petitioners relied on a precedent (Kedar Das v. State of Bihar, 2023) that a long‑standing jamabandi can be cancelled only by a competent civil court. The Court held that the petitioners must present their arguments in the pending Jamabandi Cancellation Case No. 102 of 2024‑25 before the Additional Collector and dismissed the writ petitions with observations.
Issues considered
- Whether the district magistrate's order permitting construction of the Panchayat Bhawan can be quashed on the ground of the petitioners' alleged ownership of four kathas of land.
- Whether a long‑standing jamabandi can be cancelled by administrative authorities or only by a civil court.
- Whether the petitioners are entitled to a mandamus directing the authorities to exclude their land from the construction.
Subjects
- land ownership
- jamabandi
- Gair Majarua Aam land
- mandamus
- writ petition
- civil court jurisdiction
- land reform
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.11825 of 2025
======================================================
1. Kanhaiya Kumar Panday Son of Sri Dinesh Panday, Resident of Village-
Dhankutwa, P.S.- Balthar District- East Champaran.
2. Haribansh Kumar Gautam, Son of Sri Krishna Kumar Panday, Resident of
Village- Dhankutwa, P.S.- Balthar District- East Champaran.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna.
2. The Principal Secretary, Panchaity Raj Department, Govt. of Bihar, Patna.
3. The Director, Panchayati Raj Department, Govt. of Bihar, Patna.
4. The Divisional Commissioner, Tirhut Division, Muzaffarpur.
5. The District Magistrate, West Champaran.
6. The Additional Collector, West Champaran.
7. The District Land Reforms Collector, West Champaran.
8. The District Panchayati Raj Officer, West Champaran.
9. The Circle Officer, Sikata, District- West Champaran.
10. The Block Development Officer, Sikta, District- West Champaran.
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 4700 of 2026
======================================================
Dhrub Narayan Singh son of Brij Narayana Singh, resident of Village-Sitab
Diyra, P.S.-Dhanha, District-West Champaran.
... ... Petitioner/s
Versus
1. The State of Bihar Bihar.
2. The District Magistrate, West Champaran.
3. The Circle Officer, Sikta, West Champaran.
4. Kanhaiya Kumar, son of Dinesh Pandey, residents of Village Dhankutwa,
P.S.-Balthar, District-West Champaran.
5. Haribansh Kumar Gautam @ Haribansh Gautam, son of Krishna Kumar
Pandey, residents of Village Dhankutwa, P.S.-Balthar, District-West
Champaran.
... ... Respondent/s
======================================================
Appearance :
(In Civil Writ Jurisdiction Case No. 11825 of 2025)
For the Petitioner/s : Mr. Akhilesh Kumar Sinha, Adv.
For the Respondent/s : Mr. Ravi Kumar, AC to GP-13
Patna High Court CWJC No.11825 of 2025(6) dt.21-04-2026
2/7
(In Civil Writ Jurisdiction Case No. 4700 of 2026)
For the Petitioner/s : Mr. Bhagya Narayan Jha, Adv.
For the Respondent/s : Mr. Sarvesh Kumar Singh, AAG-13
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
6 21-04-2026 Heard the parties.
2. The present application has been preferred for the
following relief(s):
(i) For quashing the order dated
30.06.2025 vide the District Memo No.
15161 passed by Magistrate, West
Champaran, Bettiah as per the order passed
in C.W.J.C. No. 3409/2025 (vide Annexure-
13) whereby and whereunder the respondent
is again forcefully and illegally start the
construction work of Panchayat Bhawan at
Dhankutwa District West Champaran. The
aforesaid land bearing Khata No. 394,
Khesra No. 2034 an area 2.54 Acres on
which the ancestral property of the
petitioners purchased on 1.7.1937 area 4
katha land on which Jamabandi no. no. 69
was created in 1965 and since then rent
receipt and right title and possession of the
petitioner ancestral land till today.
(ii) For issuance of mandamus
directing and commanding the respondent
authorities to protect the only 4 katha of
raiyati land of the petitioners be exclude
from the construction of Panchayat Bhawan.
Patna High Court CWJC No.11825 of 2025(6) dt.21-04-2026
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Because it is an high plat measuring 2.54
acres of land long standing Jamabandi of the
ancestral of the petitioner about 60 years be
disposed by such a criptic , vague, illegal
order passed by the respondent authority.
(iii) For issuance of any other
appropriate writ/order/direction for which
the petitioners are legally entitled under the
facts and circumstances of the case and
immediate stop the construction work of
Panchyat Bhawan with regards to the
petitioner land 4 katha only.
3. The land details are available in paragraph 1 of the
petition.
4. The petitioner claims to be having Jamabandi only
in respect to four kathas of land (out of 2.54 acres) in Khata No.
394, Khesra No.- 2034 vide Jamabandi No. 69 which was
created in the year 1965, rent receipt issued and the petitioner/
family members coming in continuous physical possession over
it.
5. When the respondents decided to construct a
Panchayat Sarkar Bhawan on the said plot measuring 2.54 acres
of land, naturally, the petitioner having Jamabandi of four kathas
of land was aggrieved. He rushed to this Court in CWJC No.
3409 of 2025 which was disposed of on 27.02.2025 and the Co-
Patna High Court CWJC No.11825 of 2025(6) dt.21-04-2026
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ordinate Bench directed the petitioner to move before the
Collector, West Champaran, Bettiah who shall be passing an
appropriate order and till then, the petitioner was protected so
far as his land is concerned. It is made clear that the Court only
protected the petitioner with respect to four kathas of land and
not with regard to entire 2.54 acres inasmuch as none of other
litigant to the knowledge of the respondents have approached
Patna High Court.
6. The Collector, West Champaran, Bettiah took up
the matter and rejected the claim of the petitioner vide order
dated 12.10.2025 holding that it is a ‘Gair Majarua Aam’ land
(Annexure- 13 to the petition).
7. Aggrieved, the writ petition.
8. Learned counsel for the petitioner submits that it is
an admitted fact that a Jamabandi is running in the name of his
family members from the year 1965 which is more than six
decades. Further, in the case of Kedar Das vs. State of Bihar &
ors. reported in 2023 (2) BLJ 423, it has been held that the long
standing jamabandi can only be canceled by a Competent Civil
Court and not by the respondents who have to file an
appropriate suit in the matter (Annexure- P/12 to the petition).
9. The submission is that in that background, the
Patna High Court CWJC No.11825 of 2025(6) dt.21-04-2026
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Collector, West Champaran be resisted from taking coercive
step against the petitioner.
10. An affidavit has come on behalf of the
respondents and learned State Counsel has taken this Court to
paragraph 6 to show that a Jamabandi Cancellation Case No.
102 of 2024-25 (State through LRDC, Narkatiaganj vs.
Kailashpati Pandey) has been initiated in which notice has been
issued to the petitioner and received by one of the family
member, namely Abhishek Pandey on 21.12.2025.
11. The facts have been recorded, the law point put
forward by the petitioner has also been taken note of. However,
in the opinion of the Court, all the facts/ law points are available
to the petitioner for putting it forward before the Additional
Collector, West Champaran in Jamabandi Cancellation Case No.
102 of 2024-25.
12. Needless to add, if the petitioner appears and
submits his response/ law points, each and every aspect has to
be taken care of, incorporated in the order while disposing of the
said case.
13. This Court once again makes it clear that so far as
this case is concerned, the petitioner is aggrieved by only four
kathas of land out of 2.54 acres of land in Khata No. 394 and
Patna High Court CWJC No.11825 of 2025(6) dt.21-04-2026
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Khesra No. 203.
14. There is/was no order with respect to the other
parts of the said khata and khesra. If the petitioner has already
appeared, the respondent, Additional Collector, West
Champaran shall be passing a reasoned order in next three
months.
CWJC No. 4700 of 2026
15. The present application has been preferred for the
following relief(s):
I. To issue a writ/writs in the
nature of mandamus directing/commanding
to the respondents to proceed with the
construction of the Panchayat Bhawan on
the land to Khata no.394, Khesra No.2034
which is in nature of Gair Majarua Aam
land.
II. To issue a appropriate writ or
writs, order or orders, direction/directions to
the respondents to take proper action against
a person who disturb the work of
Government Construction.
16. Learned counsel for the petitioner submits that he is
the Executing Agency of the Panchayat Sarkar Bhawan and as a
precautionary measure, he has already left out four kathas of land
of the petitioner in the 2.54 acres of the land on which the Bhawan
is to be constructed.
Patna High Court CWJC No.11825 of 2025(6) dt.21-04-2026
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17. In view of the fact that the matter has now
travelled to the Court of learned Additional Collector, West
Champaran, Bettiah, the result of it will affect the fate of the
aforesaid petitioner, Dhrub Narayan Singh so far as the four
kathas of land is concerned.
18. Both the writ petitioners are disposed of with the
aforesaid observations.
(Rajiv Roy, J)
Vijay Singh/-
U
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