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Patna High Court

Nawal SharmaversusThe State of Bihar

Decided
Disposal
CONSIGNED

Holding

The petition was dismissed as the petitioner failed to remove the defects within the stipulated period, and the impugned order stands.

Summary

Petitioner Nawal Sharma filed a writ petition challenging an order dated 05.05.2025 relating to Jamabandi Case No. 231/2024-25, alleging it lacked any legal sanction. The petition sought quashing of the order, direction to consider the matter in light of the precedents Maya Devi & Ors (2014) and Arun Kumar Goenka (2023), and protection of his right, title and possession until the dispute is resolved. The court noted that an earlier order dated 23.09.2025 required the petitioner to remove certain defects within three weeks, which he failed to do. Consequently, the petition was dismissed on 14.10.2025, and the impugned order was left undisturbed. No relief was granted to the petitioner.

Issues considered

  • Whether the order dated 05.05.2025 in the Jamabandi case is void for lack of sanction of law.
  • Whether the petition can be decided by applying the principles laid down in Maya Devi & Ors (2014) and Arun Kumar Goenka (2023).
  • Whether the petitioner’s right, title and possession can be protected pending adjudication of the dispute.

Subjects

  • land revenue
  • jamabandi
  • quash order
  • possession
  • civil writ jurisdiction
  • defect removal
  • sanc tion of law

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Civil Writ Jurisdiction Case No.14982 of 2025
                 ======================================================
                 Nawal Sharma S/o Mahavir Sharma, R/o- Bari Paikant Ward 10, Paikant,
                 Jamalpur, Gogri, P.O.- Deotha, District- Khagaria, Pin- 851203.

                                                                            ... ... Petitioner/s
                                                    Versus
           1.    The State of Bihar Bihar.
           2.    The Principal/Additional Chief Secretary, Revenue and Land Reforms
                 Department, Government of Bihar, Patna.
           3.    The District Magistrate-cum-Collector, Khagaria.
           4.    The Additional Collector, Khagaria.
           5.    The Circle Officer, Gogri, Khagaria.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr. Shashi Shekhar Tiwary, Advocate
                 For the Respondent/s   :      Mr. Standing Counsel (3)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

3   10-02-2026                 Heard the parties.

                               2. The present petition has been preferred for the

                   following relief(s):

                                             “(i) The order dated 05.05.2025 passed

                                  in connection with Jamabandi Case No. 231/2024-

                                  25 (Annexure 2 pg 11) may kindly be quashed, as

                                  the same is having no sanction of law at all.

                                             ii. The petitioner's case 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
          Patna High Court CWJC No.14982 of 2025(3) dt.10-02-2026
                                                     2/2




                                    like Arun Kumar Goenka case (since reported in

                                    2023 (5) BLJ 321) and other similar matter in the

                                    interest of justice.

                                                iii. Till the settlement of the dispute the

                                    petitioner's right, title and possession couldn't be

                                    allowed to disturb in any manner.

                                                iv. 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. On 23.09.2025, an order was passed to remove the

                    defect(s) within a period of three weeks.

                                4. As it was a peremptory order and the defect(s) was

                    not removed, it got dismissed on 14.10.2025.

                                5. Perused the file and the same stands consigned.



                                                  (Rajiv Roy, J)
Adnan/-

U


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