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Patna High Court

Lakshman YadavversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
                                            3/4




          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
                                                     4/4




                                                  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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