Patna High Court
Lakshman YadavversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The Court directed the petitioner to pursue the pending appeal before the Collector and ordered the Collector to dispose of the appeal within three months, thereby disposing of the writ petition.
Summary
Lakshman Yadav filed a writ petition challenging the cancellation of his Jamabandi No.193 by the Additional Collector, Darbhanga, who acted under Section 9 of the Bihar Land Mutation Act, 2011 without considering the facts. The petitioner sought setting aside the cancellation order, restoration of the Jamabandi, and direction to expedite the pending appeal (No.141 of 2022) before the Collector. The Court noted a similar precedent in Bansi Lal Yadav v. State of Bihar, where the petitioner was directed to pursue an appeal under Section 9(6) and the Collector was ordered to dispose of it within three months. Relying on that precedent, the Court directed the petitioner to continue his appeal before the Collector and instructed the Collector to decide the appeal within three months. The writ petition was consequently disposed of.
Issues considered
- Whether the Additional Collector's order cancelling the Jamabandi can be set aside by a writ.
- Whether the petitioner may be directed to pursue the pending appeal under Section 9(6) of the Bihar Land Mutation Act, 2011.
- Whether the Collector can be bound to dispose of the appeal within a specified time frame.
Legislation cited
- Bihar Land Mutation Act, 2011 — s. 9, 9(6)
Subjects
- land mutation
- jamabandi
- cancellation
- writ jurisdiction
- appeal
- Section 9
- Bihar
- property rights
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.15111 of 2023
======================================================
Lakshman Yadav Son of Late Sant Lal Yadav, Resident of Village-
Pokharsame, P.O.- Milki Chak, District- Darbhanga.
... ... Petitioner/s
Versus
1. The State of Bihar through Principal Secretary, Revenue and Land Reforms
Department, Govt. of Bihar, Patna.
2. The Collector, Darbhanga.
3. The Additional Collector, Darbhanga.
4. The Circle Officer, Sadar, District- Darbhanga.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Jitendra Pd. Singh, Sr. Advocate
Mr. Chandra Mohan Jha, Advocate
Mr. Venkatesh Kaushik, Advocate
For the Respondent/s : Mr.Rishi Raj Sinha (Sc19)
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 20-04-2026 Heard Mr. Jitendra Prasad Singh, learned Senior
Counsel for the petitioner and the State.
2. The present petition has been preferred for the
following relief/s:
(i) for setting aside the order dated
28.6.2022 passed by the Additional
Collector, Darbhanga in Jamabandi
Cancellation Case No.96 of 2021-22 by
which, in exercise the power Under Section
9 of the Bihar Land Mutation Act, 2011, he
has cancelled the long standing Jamabandi
Patna High Court CWJC No.15111 of 2023(3) dt.20-04-2026
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No.193 without appreciating and
considering the legal as well as factual
aspect of the matter;
(ii) for direction to the respondent to restore
the Jamabandi No.193 standing in the name
of the petitioner as the petitioner is in
possession over the land in question being
the title holder;
(iii) for grant of any other relief/reliefs for
which the petitioner is legally entitled in the
facts and circumstances of the case.
3. At the outset, learned Senior Counsel submits that
an appeal has been preferred vide appeal no. 141 of 2022 which
is pending before the learned Collector, Darbhanga (respondent
no.2).
4. The submission is that he be allowed to pursue the
said appeal with a direction to the said respondent to expedite
the same.
5. He submits that in similar case of Bansi Lal Yadav
Vs. The State of Bihar (in C.W.J.C. No. 14311 of 2023)
disposed of on 06.02.2024 by a coordinate bench, the matter has
been sent to the Collector, Darbhanga to decide the Jamabandi
Patna High Court CWJC No.15111 of 2023(3) dt.20-04-2026
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Cancellation Appeal No. 140 of 2022.
6. Learned counsel has no objection.
7. Paragraphs 6 and 7 of the order passed in Bansi
Lal Yadav (supra) read as follows:
6. in the aforesaid facts and
circumstances, the petitioner is
directed to pursue the appeal filed
under Section 9(6) of the Bihar Land
Mutation Act, 2011, bearing
Jamabandi Cancellation Appeal No.
140 of 2022, which is pending before
the court of learned Collector,
Darbhanga (Respondent No. 2), in
accordance with law;
7. the Collector. Darbhanga
(Respondent No. 2) is directed to
dispose of Jamabandi Cancellation
Appeal No. 140 of 2022, in accordance
with law, after hearing the parties,
preferably within a period of three
months from the date of
receipt/production of a copy of this
Patna High Court CWJC No.15111 of 2023(3) dt.20-04-2026
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order;
(iii) with the aforesaid observations
and directions, this writ application
stands disposed of.
8. In that background, following the same route, the
writ petition is disposed of allowing the petitioner to
agitate/place his before the Collector, Darbhanga in Appeal No.
141 of 2022 who shall be hearing the parties and shall pass an
appropriate order in accordance with law preferably within a
period of three months as in line with the order passed in the
case of Bansi Lal Yadav (supra).
(Rajiv Roy, J)
Ravi/-
U
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