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Patna High Court

Ramesh PrasadversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Revenue authorities cannot adjudicate title disputes; such matters must be determined by a competent civil court.

Summary

The petitioners, a group of heirs, challenged an order dated 15 September 2025 that rejected their claim to a long‑standing jamabandi in favour of other respondents. They sought quashing of that order, declaration that a revenue report dated 4 July 2024 was null, and a direction that their possession not be disturbed pending a final determination. The court noted that the petitioners had not established their genealogy or the existence of a hukumnama under the Succession Act, and that the revenue authorities lack jurisdiction to decide complex title disputes. Citing Supreme Court authority (Faqruddin v. Tajuddin) and earlier Bihar High Court decisions, the court held that only a competent civil court can determine title to joint family property. Consequently, the writ petition was dismissed, with the parties directed to approach the appropriate civil court for relief.

Issues considered

  • The revenue authorities' jurisdiction to alter or cancel a long‑standing jamabandi.
  • Whether the order dated 15‑09‑2025 can be quashed on grounds of lack of jurisdiction and sanction.
  • The appropriate forum for determination of title and possession of joint family land.

Legislation cited

Subjects

  • jamabandi
  • mutation
  • revenue authority jurisdiction
  • title determination
  • joint family property
  • civil court jurisdiction
  • writ petition

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.1340 of 2026
                 ======================================================
           1.     Ramesh Prasad S/o- Late Badlu Prasad, R/o- Vill and P.O- Khajuri, P.S-
                  Nobatpur, District- Patna.
           2.    Arun Kumar, S/o- Ram Naresh Prasad, R/o Vill and P.O- Khajuri, P.S-
                 Nobatpur, District- Patna.
           3.    Sanjay Kumar, S/o Ram Naresh Prasad, R/o Vill and P.O- Khajuri, P.S-
                 Nobatpur, District- Patna.
           4.    Neeraj Kumar, S/o- Late Badlu Prasad, R/o Vill and P.O- Khajuri, P.S-
                 Nobatpur, District- Patna.
           5.    Umesh Kumar, S/o Late Badlu Prasad, R/o Vill and P.O- Khajuri, P.S-
                 Nobatpur, District- Patna.
                                                                    ... ... Petitioner/s
                                             Versus
           1.    The State of Bihar
           2.    The Commissioner Patna Division, Patna.
           3.    The Land Reforms Deputy Collector, Danapur, Patna.
           4.    The Additional Collector, Patna.
           5.    The Circle-Officer, Naubatpur, Patna.
                                                                     Respondent 1st Set
           6.    Damyanti Devi, W/o Shivbalak SharmaR/o Village and P.O- Khajuri, P.S-
                 Nobatpur, District- Patna.
           7.    Phul Kumari Devi @ Ful Kumari Devi, W/o- late Badlu @ Badalu Prasad,
                 R/o Village and P.O- Khajuri, P.S- Nobatpur, District- Patna.
           8.    Mahanand Verma, S/o- Vidya Saran Mahto, R/o Village and P.O- Khajuri,
                 P.S- Nobatpur, District- Patna.
           9.     Ajit Kumar, S/o- Late Sivlal Verma, Village and P.O- Khajuri, P.S-
                  Nobatpur, District- Patna.
                                                              ... ... Respondents 2nd set
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr. Shashi Shekhar Tiwary, Advocate
                 For the Respondent/s   :      Mr. Subhash Chandra Mishra, SC 16
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

2   03-02-2026                    Heard Mr. Shashi Shekhar Tiwary, learned counsel

                   appearing on behalf of the petitioners and Mr. Subhash Chandra

                   Mishra, learned SC 16 for the State.

                               2. Petitioners have inter alia prayed for following
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          reliefs in the paragraphs No.1 of the writ petition:-

                                        “(i) The jamabandi proceeding under the
                          present matter may kindly directed to be looked
                          into/adjudicated in the light of Maya Devi & Ors. (since
                          reported in 2014(4) BBCJ V-152), and other judicial
                          pronouncement like Arun Kumar Goenka case (since
                          reported in 2023(5) BLJ 321) and other similar matter in
                          the interest of justice.
                                        ii. The answering respondents may kindly be
                          directed to not disturb the present status of the petitioners’
                          land in question, in view of the Division Bench order of this
                          Hon’ble Court passed in Ramowtar Lakhotia Vs. the State
                          of Bihar & Ors. Case (since reported in 2024(3) BLT 329)
                          till final adjudication of the matter in hand.
                                        Iii. The order dated 15.09.2025 passed in
                          connection with jamabandi Case No.130/2024-25
                          (Annexure 6, Pg. 67) may kindly be quashed, as the same is
                          not only without jurisdiction so also having no sanction of
                          law at all.
                                        iv. The report dated 04.07.2024 (Ann. Pg. ) said
                          to be submitted by Revenue Clerk to the Circle Officer,
                          Noubatpur, may kindly be declared as nonest in the eye of
                          law as the same is having no any legal sanctity on the face
                          of it.
                                        v. Till the settlement of the dispute the
                          petitioners’ right, title and possession couldn’t be allowed
                          to disturb in any manner.
                                        vi. Any other relief or reliefs may kindly be
                          allowed, for which the petitioner be found entitle in the
                          opinion of this Hon’ble Court.”


                      3. The brief facts of the case is that the mother of

          petitioner no. 1, namely Ful Kuer Devi, had earlier approached

          this Court by filing C.W.J.C. No. 15306 of 2006 seeking

          quashing of the order dated 02.09.2006 passed by the

          Commissioner, Patna Division, in Mutation Revision Case No.

          13 of 1998, which was disposed of on 08.08.2008 with specific

          directions and observations; upon non-compliance, a contempt

          application being M.J.C. No. 4814 of 2012 was filed, during the
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          pendency whereof the mutation application was allowed in

          favour of Ful Kuer Devi by order dated 18.10.2012 passed by

          the Circle Officer, Naubatpur in Jamabandi Case No. 39 of

          2009–2010. Thereafter, the said mutation order was challenged

          by private respondent nos. 8 and 9 in C.W.J.C. No. 14664 of

          2013, which was disposed of on 12.08.2014 directing the Circle

          Officer to pass a fresh order in accordance with law. However,

          in purported compliance, the Circle Officer, Naubatpur, in a

          highly arbitrary and illegal manner, submitted a proposal dated

          04.07.2024 to cancel the long-standing Jamabandi running in

          the name of the petitioners’ ancestors on the basis of a sketchy

          report of the same date, leading the petitioners to prefer JBCA

          No. 130/2024–2025 before the Additional Collector, Patna,

          which was rejected by order dated 15.09.2025 without proper

          consideration of materials on record and by blindly relying upon

          selective facts of the private respondents, despite the settled law

          that a long-standing Jamabandi cannot be interfered with by the

          revenue authorities.

                      4. The petitioners and respondents no.6 to 9 are

          claiming title on the basis of possession of land not described

          in the writ petition. The petitioners are aggrieved by the order

          dated 15.09.2025 passed in connection with Jamabandi Case
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          No. 130/2024–25.

                         5. The petitioners have not disclosed the genealogy

          of the family to which they belong, nor they have furnished any

          information, as to whether, the Hukumnama for settlement of

          the land in question, as claimed in the present writ petition, was

          granted to one Phul Kumari Devi, wife of late Badau Prasad,

          who belonged to the petitioners’ family of the ex-landlord in

          accordance with the provisions of the Succession Act.

                      6. The question of determination of title in respect of

          joint family property can be determined only by the competent

          civil court.

                      7. The Revenue authorities have no power or

          jurisdiction to decide the complicated question of title and

          possession. The Hon’ble Supreme Court in the case of

          Faqruddin v. Tajuddin, reported in, (2008) 8 SCC 12, in para

          no. 44 and 45, held as under:

                                       44. The jurisdiction of the Board of Revenue
                          being limited, no title could have been conferred upon the
                          plaintiff. Title in or over a land will depend upon the
                          statutory provisions. A title does not remain in vacuum. It
                          has to be determined keeping in view the law operating in
                          the field viz. religious law or statutory law or customary
                          law, etc.
                                       45. Revenue authorities of the State are
                          concerned with revenue. Mutation takes place only for
                          certain purposes. The statutory rules must be held to be
                          operating in a limited sense. The provisions of Rule 13 of
                          the Matmi Rules laying down a rule of primogeniture will
                          have no application in relation to the offices of
                          sajjadanashin and mutawalli, which are offices of different
                          nature. They are stricto sensu not hereditary in nature. It is
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                                     well settled that an entry in the revenue records is not a
                                     document of title. Revenue authorities cannot decide a
                                     question of title.
                                 8. Considering the nature of relief as sought for in the

                     present writ petition and several litigation fought between the

                     parties, this Court finds that the aggrieved parties may file suit

                     for determination of their title.

                                 9. The writ petition is disposed of with a liberty to the

                     parties to avail remedy before the competent civil court, having

                     jurisdiction for determination of their title over the land in

                     dispute.


                                                          (Purnendu Singh, J)
Sanjay/-

U


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