Created by Fuzzy Cloud

Patna High Court

Kishore MahtoversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court held that it is premature to interfere with the cancellation proceeding and disposed of the writ petition, directing verification of the heirs' status and the scheme's hereditary provisions.

Summary

The petitioners, four brothers, claimed that a parcel of land allotted to their deceased father under a welfare scheme had been occupied by them and a house was constructed. The Additional Collector initiated a Jamabandi cancellation proceeding (Case No. 28/2025-26) without impleading the heirs, prompting the petitioners to seek quashing of the order, a stay of the proceeding, and restraint on demolition of their house. The State argued that the earlier judgment in Ramowtar Lakhotia was not applicable and that the petitioners should seek remedy before the Collector, citing the ultra‑vires nature of Section 9(1) of the Bihar Land Mutation Act, 2011. The Court examined the statutory provisions, noting that land allotted under the welfare scheme is heritable but not transferable under Section 27(3) of the Bihar Land Reforms Act, 1961, and found that it was premature to determine whether the petitioners' possessory right had crystallized. Consequently, the Court disposed of the writ petition, directing the District Magistrate/Collector to verify the heirs' status and the scheme’s hereditary provisions, and did not grant any interim relief.

Issues considered

  • Whether the order of Jamabandi cancellation under Section 9(1) of the Bihar Land Mutation Act, 2011 is ultra vires and can be quashed.
  • Whether the petitioners have a vested/heritable right to the land allotted under the welfare scheme to challenge the cancellation.
  • Whether the Court can grant a stay of the cancellation proceeding and restrain demolition of the house.
  • Whether the earlier judgment in Ramowtar Lakhotia is applicable to the present facts.

Legislation cited

Subjects

  • Jamabandi
  • Land Mutation
  • Welfare Scheme
  • Heritable Right
  • Land Reforms
  • Quashing Order
  • Stay of Proceedings
  • Demolition
  • Dakhal Dehani

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.1397 of 2026
                 ======================================================
           1.     Kishore Mahto Son of Late Biranchi Nuniya @ Biranchi Mahto,, Resident
                  of Village Kudhaili, P.S. Dighal Bank, District Kishanganj.
           2.    Krishna Mahto @ Vershan Mahto, Son of Late Biranchi Nuniya, Resident of
                 Village Kudhaili, P.S. Dighal Bank, District Kishanganj.
           3.    Vijay Mahto, Son of Late Biranchi Nuniya, Resident of Village Kudhaili,
                 P.S. Dighal Bank, District Kishanganj.
           4.    Bharat Mahto, Son of Late Biranchi Nuniya, Resident of Village Kudhaili,
                 P.S. Dighal Bank, District Kishanganj.

                                                                    ... ... Petitioner/s
                                                 Versus
           1.    The State of Bihar through the Principal Secretary, Department of
                 Revenue/Land Reforms, Bihar, Patna.
           2.    The District Magistrate, Kishanganj.
           3.    The Additional Collector, Kishanganj.
           4.    The Deputy Collector of Land Reforms, Kishanganj.
           5.    The Superintendent of Police, Kishanganj.
           6.    The S.H.O., Kodhobari Police Station, Kishanganj.
           7.    The Circle Officer, Dighal Bank, Kishanganj.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :       Mr. Abdul Mannan Khan, Advocate.
                                                 Mr. Nihal Beg, Advocate.
                                                 Mr. Shive Kumar, Advocate.
                 For the Respondent/s    :       Mr. Tripurari Nath Ambastha, AC to SC-26.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

2   31-01-2026                   Heard learned counsel appearing on behalf of the

                   petitioners and learned counsel for the State.

                                 2. The petitioners in paragraph no. 1 of the present

                   writ petition have sought, inter alia, following relief(s), which is

                   reproduced hereinafter:-

                                                “(i) For issuance of an appropriate writ, order
                                    or direction for quashing the order dated 25.09.2025 in
Patna High Court CWJC No.1397 of 2026(2) dt.31-01-2026
                                            2/5




                          Cancellation Case No. 28/2025-26 by the respondent
                          Additional Collector, Kishanganj against one Biranchi
                          Nuniya (A Dead Person) initiating a Jamabandi
                          cancellation proceeding without impleading his legal heirs
                          in the Jamabandi Cancellation Case and also for quashing
                          the entire consequential proceeding of the aforesaid case.
                                        (ii) For issuance of an appropriate writ, order
                          on direction for grant of ad-interim stay of the entire
                          proceeding of Jamabandi Cancellation Case No. 28 of
                          2025-26 pending before the respondent Additional
                          Collector, during pendency of this writ petition.
                                        (iii) For issuance of an appropriate writ, order
                          or direction restraining the respondent authorities from
                          interfering in the peaceful possession and occupation of the
                          petitioners and others legal heirs of settlee by initiating a
                          quite vexatious cancellation proceeding in garb of a regular
                          title suit through a summary proceeding.
                                        (iv) For issuance of an appropriate writ, order
                          or direction restraining the respondent authorities from
                          demolishing the petitioners' house and the house of other
                          legal representatives of the deceased settlee in the name of
                          operation Dakhal Dehani during the pendency of this writ
                          petition.
                                        (v) For issuance of an appropriate writ, order
                          or direction for grant of any other relief or relief which may
                          deem fit and proper in the facts and circumstances of the
                          case.”

                      3. Learned counsel appearing on behalf of the

          petitioners submitted that the father of the petitioners was

          allotted a piece of land over which they have constructed a

          Pakka house and now the Additional Collector on the basis of

          the report of the Circle Officer, Dighalbank, Kishanganj has

          initiated a Jamabandi cancellation proceeding being Case No.

          28/2025-2026 after death of the father of the petitioners in

          respect of the land settled in the name of the father of the

          petitioners who was a landless person. Learned counsel further

          submitted that in due course of time, the petitioners’ right has

          crystallized and their right over the property over which they

          have a residential house. Learned counsel submitted that if the
Patna High Court CWJC No.1397 of 2026(2) dt.31-01-2026
                                            3/5




          Jamabandi is cancelled, the petitioners who are residing in the

          house, they will be forced to vacate it and to protect their right,

          interference of this Court is required. Learned counsel has also

          relied upon the judgment passed by this Court in C.W.J.C. No.

          16494 of 2018 (Ramowtar Lakhotia Vs. The State of Bihar &

          Ors.).

                      4. Per contra, learned counsel appearing on behalf of

          the State submitted that the judgment dated 10.04.2024 passed

          in C.W.J.C. No. 16494 of 2018 is not of any benefit to the

          petitioners as the said case is related to Jamabandi over which

          the petitioner / appellant of the said case had claimed their right

          and title on the basis of the Khatiyani Raiyat. The Division

          Bench had striked down the impugned Section 9(1) of the Bihar

          Land Mutation Act, 2011 to the extent it confers power upon the

          Additional Collector “to dispossess the person whose

          Jamabandi has been cancelled and to put in possession the

          legitimate owner/custodian of such land on such terms as may

          appear to be fair and equitable”. Learned counsel further

          submitted that corresponding Rules 13(11) and 13(12) of the

          Bihar Land Mutation Rules, 2012 has also been held ultra vires

          Article 300A of the Constitution of India, apart from that being

          beyond the scope & ambit of Entry 45 of List II of Schedule

          VII. Learned counsel having distinguished the case of the

          petitioners in light of the judgment dated 10.04.2024 submitted
Patna High Court CWJC No.1397 of 2026(2) dt.31-01-2026
                                            4/5




          that the petitioners have remedy before the Collector for

          claiming their right and relief as sought for.

                      5. Heard the parties.

                      6. Having heard the rival submissions, the petitioners

          have based their argument on the Division Bench judgment of

          this Court in the case of Ramowtar Lakhotia (supra). The

          provision of Section 9(1) of the Bihar Land Mutation Act, 2011

          has been held to be ultra vires. Section 26 of the Act defines

          Jamabandi. This clarified that the procedure for cancellation of

          jamabandi can only be adopted in such cases where a person is

          aggrieved in respect of any land over which he has a title. In the

          present case, it cannot be said that the Circle Officer has

          committed error in referring the case in respect of the land over

          which the petitioner has constructed a house for cancellation of

          Jamabandi.

                      7. The petitioners have claimed and admitted that the

          said land was allotted to their father under a welfare scheme

          providing land to the landless person and at the time of

          allotment, their father was a landless person. There is no

          information in respect of the fact that subsequent to the death of

          the petitioners’ father, they are still landless so that they can

          continue to be in possession over the land allotted as per welfare

          scheme.

                      8. Section 27(3) of the Bihar Land Reforms (Fixation
          Patna High Court CWJC No.1397 of 2026(2) dt.31-01-2026
                                                      5/5




                    of Ceiling Area and Acquisition of Surplus Land) Act, 1961

                    provides that “the land settled by the Collector under sub-

                    section (1) shall be heritable but shall not be transferable”.

                                9. I find that it is pre-mature for this Court to enter

                    into the question, as to whether, the petitioners have crystallized

                    their possessory right in view of the admitted position that the

                    father of the petitioners was landless and under the welfare

                    scheme, he was allotted a piece of land over which a dwelling

                    house is existing. The District Magistrate cum Collector is

                    required to verify, as to whether, the petitioners who are the son

                    of late Biranchi Nuniya have any land and he is a landless

                    person and also verify whether the scheme provides for any

                    hereditary right to the heirs of the landless person in whose

                    name the land was allotted for dwelling purpose.

                                10. The writ application, accordingly, stands disposed

                    of.


                                                                   (Purnendu Singh, J)
mantreshwar/-
U


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.