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Patna High Court

Ram Jatan PaswanversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court held that it would not issue a mandamus and directed the petitioner to approach the concerned authority for redress.

Summary

The petitioner, Ram Jatan Paswan, filed a writ petition in the Patna High Court seeking a mandamus directing the Additional Collector, Gaya, to cancel a Jamabandi that had been entered in the names of private respondents for 2.14 acres of land in Mauza‑Ahuri, Gaya. The petitioner alleged that the private respondents had no right, title or possession over the land and that the Jamabandi was wrong. The State counsel raised no objection to the petition. The Court, after hearing, declined to issue the writ and instead directed the petitioner to approach the Additional Collector for redressal of the grievance. The petition was therefore disposed, with the observation that the matter should be adjudicated by the concerned authority at the earliest.

Issues considered

  • Whether the High Court should issue a writ of mandamus directing the Additional Collector to cancel the Jamabandi entered in favour of the private respondents

Subjects

  • Jamabandi
  • mandamus
  • writ petition
  • land record cancellation
  • civil writ jurisdiction
  • land reforms

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.1541 of 2025
                 ======================================================
                 Ram Jatan Paswan Son of Babu Lal Paswan Resident of Village-Ahuri, P.S.-
                 Amas District-Gaya.

                                                                       ... ... Petitioner/s
                                                   Versus
           1.    The State of Bihar through the Principal Secretary, Land and Revenue
                 Reforms Department, Bihar, Patna.
           2.    The Divisional Commissioner, Magadh Division, Gaya.
           3.    The District Magistrate-Cum-Collector, Gaya.
           4.    The Additional Collector, Gaya.
           5.    The Sub-Divisional Officer, Sherghati, District-Gaya.
           6.    The Deputy Collector, Land Reforms, Sherghati, District-Gaya.
           7.    The Circle Officer, Amas, District-Gaya.
           8.    Ram Dhani Paswan Son of Bilat Paswan Resident of Village-Ahuri, P.S.-
                 Amas, District-Gaya.
           9.    Ram Das Paswan Son of Bilat Paswan Resident of Village-Ahuri, P.S.-
                 Amas, District-Gaya.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :          Mr. Ranjit Kumar Thakur, Adv.
                 For the Respondent/s     :          Mr. Standing Counsel (07)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

3   24-03-2026                  Heard the parties.

                               2. The present application has been preferred for the

                   following relief(s):

                                                          (i) To issue an appropriate order/s,
                                              direction/s including a writ preferably in the
                                              nature of mandamus commanding and directing
                                              upon     the     Additional     Collector,   Gaya
                                              (Hereinafter referred to as respondent No.4) to
                                              cancel the Jamabandi opened in the name of
                                              private respondents with respect to a land
                                              measuring 2.14 Acre appertaining to Khata
           Patna High Court CWJC No.1541 of 2025(3) dt.24-03-2026
                                                       2/2




                                            No.45, 65, 71, Plot No.224, 261, 260, 263, Area-
                                            1.03 Acre, 0.19 Acre, 0.43 Acre, 0.49 Acre
                                            respectively situated in Mauza- Ahuri, P.S.-
                                            Amas, District- Gaya.
                                                         (ii) To direct the respondent No.4 to
                                            enquire into the matter of wrong Jamabandi
                                            created in favour of the private respondents who
                                            have no right, title and possession over the land
                                            in question.
                                                         (iii) To any other relief's to which the
                                            petitioner may be found entitled in the facts and
                                            circumstances of the case.
                                 3. After some argument, learned counsel for the petitioner

                     submits that he shall be approaching the Additional Collector, Gaya

                     for the redressal of the grievance.

                                 4. Learned State Counsel has no objection.

                                 5. In that background, the writ petition is disposed of

                     allowing the petitioner to approach the concerned authority who shall

                     be adjudicating the matter and taking it to its logical conclusion at an

                     earliest.

                                 6. The writ petition is disposed of with aforesaid

                     observation.



                                                   (Rajiv Roy, J)
Vijay Singh/-

U


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