Patna High Court
Gopal SaoversusThe State of Bihar
- Decided
- Disposal
- CONSIGNED
- Bench
- RAJIV ROY
Holding
The petition was dismissed because the respondents failed to comply with the peremptory order to remove defects, thereby upholding the cancellation orders.
Summary
The petitioners, Gopal Sao and Jaipal Sao, filed a writ petition challenging the cancellation of their land record (Jamabandi) for a 2‑acre plot in Barun, Aurangabad, alleging that the cancellation orders dated 12‑09‑2024 and 23‑01‑2019 were passed without proper consideration of facts and on the ground of delay under Section 9 of the Bihar Land Mutation Act, 2011. They also sought compensation for the land. The High Court gave the respondents four weeks on 15‑09‑2025 to rectify the defects in the order, treating it as a peremptory direction. As the respondents failed to comply, the Court dismissed the petition on 13‑10‑2025. The dismissal effectively upheld the cancellation orders and denied any compensation claim.
Issues considered
- Whether the cancellation orders under the Bihar Land Mutation Act, 2011 can be set aside on the ground of procedural delay.
- Whether the petitioners are entitled to compensation for the cancelled land.
- Whether the peremptory order to remove defects was complied with, affecting the petition's fate.
Legislation cited
Subjects
- land mutation
- jamabandi cancellation
- compensation
- procedural delay
- writ jurisdiction
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.14503 of 2025
======================================================
1. Gopal Sao Son of Late Gulab Sao, Resident of Village-Gobardhan Bigha,
Police Station-Barun, District-Aurangabad (Bihar).
2. Jaipal Sao, son of Late Gulab Sao, Resident of Village-Gobardhan Bigha,
Police Station-Barun, District-Aurangabad (Bihar).
... ... Petitioner/s
Versus
1. The State of Bihar through the Additional Chief Secretary, Revenue and
Land Reforms Department, Govt. of Bihar, Patna.
2. The Commissioner, Magadh Pramandal, Gaya.
3. The Collector cum District Magistrate, Aurangabad.
4. The Land Acquisition Officer, Aurangabad.
5. The Additional Collector, Aurangabad.
6. The Circle Officer Barun, District-Aurangabad.
7. The Union of India through the Secretary, Department of Railway, Govt. of
India, New Delhi.
8. The Executive Director (Land and Amenities-1), Eastern Dedicated Fright
Corridor, Railway Project Anchal Jain (Bihar).
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kamlendra Pd. Singh, Advocate
For the State : Mr. Government Pleader (25)
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 19-01-2026 Heard the parties.
2. The present petition has been preferred for the
grant of following relief(s):
“(i) for setting aside the order dated
12.09.2024 passed by the Learned
Commissioner, Magadh Division, Gaya in
Jamabandi Cancellation Revision Case No.100
of 2024 by which he has been pleased to
Patna High Court CWJC No.14503 of 2025(3) dt.19-01-2026
2/3
dismissed the revision application filed by the
petitioners Under Section 9 of the Bihar Land
Mutation Act, 2011 on the ground of delay for
the land situated at Mauza-Barun, Thana
No.155, Khata No.200, Plot No.1630, area 2.00
Acre without considering the facts and
circumstances of the case.
(ii) for setting aside the order dated
23.01.2019 passed by the Collector-cum-District
Magistrate, Aurangabad in Jamabandi
Cancellation Appeal No.346 of 2017 whereby
and whereunder he has been pleased to affirmed
the order dated 06.06.2017 passed in Jamabandi
Cancellation Case No.102/2016-17 passed by
the Learned Additional Collector, Aurangabad.
(iii) to command and direct the
respondent no.3 to pay adequate compensation
for the land aforesaid.
(iv) to grant any other relief/reliefs to
which the petitioners may be entitled to.”
3. In this case on 15.09.2025, four weeks’ time was
given to remove the defects.
Patna High Court CWJC No.14503 of 2025(3) dt.19-01-2026
3/3
4. As it was a peremptory order and not complied, it
stood dismissed on 13.10.2025.
5. Perused the file, consigned.
(Rajiv Roy, J)
vinayak/-
U
Checking your session…