Patna High Court
Kaleshwar MandalversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The petition was held to be premature and was dismissed without granting the writ of certiorari.
Summary
The petitioners, a group of landowners from Dubouni village, filed a writ petition seeking a certiorari to quash a notice dated 12‑04‑2025 and the cancellation of their Jamabandi entries in a revenue case. They alleged that the cancellation was effected without proper verification, opportunity to be heard, and contrary to a prior court order. The State respondents contended that no formal notice had been issued; only a proposal to cancel based on an inquiry by the Circle Officer and revenue records, and that the Deputy Collector had not acted on the recommendation. The Court observed that the Circle Officer’s recommendation alone, without a notice from the Deputy Collector, rendered the petition premature and unsuitable for relief. Consequently, the writ petition was disposed, with liberty granted to the petitioners to re‑approach the Court if the notice is eventually issued.
Issues considered
- Whether a writ of certiorari can be issued to quash a cancellation of Jamabandi when no formal notice has been served.
- Whether the petition is premature for relief in the absence of an order by the Deputy Collector.
Subjects
- certiorari
- Jamabandi cancellation
- land reforms
- procedural due process
- writ jurisdiction
- preliminary relief
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1220 of 2026
======================================================
1. Kaleshwar Mandal Son of Late Ganouri Mandla, Resident of Village-
Dubouni, Police Station- Amarpur, District- Banka.
2. Ashok Kumar Mandal, Son of Late Kewal Mandal, Resident of Village-
Dubouni, Police Station- Amarpur, District- Banka.
3. Pradeep Kumar Mandal, Son of Late Kewal Mandal, Resident of Village-
Dubouni, Police Station- Amarpur, District- Banka.
4. Jyotish Kumar Mandal, Son of Late Kewal Mandal, Resident of Village-
Dubouni, Police Station- Amarpur, District- Banka.
5. Kumar Navin Prabhat, Son of Kaleshwar Mandal, Resident of Village-
Dubouni, Police Station- Amarpur, District- Banka.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Land Reforms and
Revenue Department, Government of Bihar, Patna.
2. The District Magistrate cum Registrar, Registration Office, Banka.
3. The Additional District Magistrate, Banka.
4. The Sub-Divisional Officer, Banka.
5. The Circle Officer, Banka.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rana Veer Prawar, Adv.
Mr. Rakesh Kumar Sharma, Adv.
For the Respondent/s : Mr. S.D. Yadav, AAG-9
Mr. Braj Bhushan Mishra, AC to AAG-9
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
4 27-04-2026 Heard Mr. Rakesh Kumar Sharma, learned counsel for
the petitioner and Mr. Braj Bhushan Mishra representing the State.
2. The present application has been preferred for the
following relief(s):
(i) For issuance of writ in the
nature of certiorari to quash the notice dated
12.04.2025 issued against the petitioners and
Patna High Court CWJC No.1220 of 2026(4) dt.27-04-2026
2/3
others in Jamabandi cancelled was case
imitated No.1/2025-26 without which proper
verification and without proper opportunity
given to the petitioners and it is also in the
teeth of the order of the Hon'ble Court.
(ii) For any other relief/reliefs if
the petitioner found entitle in the facts and
circumstances of the present case.
3. A counter affidavit has come on behalf of the
respondent nos. 2 and 5 and learned State Counsel has taken this
Court to paragraph 9 which read as under:
9. That the prayer of the petitioner dated
to set aside the notice 12.04.2025 in Jamabandi
Cancellation Case No. 1/2025-26 is not correct as
no notice has been issued to the petitioner on the
said date only proposal has been made to cancel
the Jamabandi of the petitioners and other on the
basis of inquiry made by the respondent no. 5 on
the basis of revenue records and also on the basis
of inquiry report submitted that the Jamabandi in
the name of the petitioners and other has been
illegally created for the government land and
record has been send before the respondent no. 3
who shall passed the order after hearing the
petitioner as such writ this application is
premature and is fit to be rejected.
4. This Court is also of the opinion that when the
Circle Officer has merely made a recommendation and the
Patna High Court CWJC No.1220 of 2026(4) dt.27-04-2026
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Deputy Collector Land Reforms, Banka has not issued any
notice, it would be inappropriate to give any direction.
5. In that background, the writ petition is disposed of
giving liberty to the petitioner to re-approach the Court if
required as the contention of the State respondent recorded
above is that the DCLR, Banka has not even acted upon the said
recommendation made by the Circle Officer, Banka.
6. The writ petition is disposed of with aforesaid
observation.
(Rajiv Roy, J)
Vijay Singh/-
U
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