Patna High Court
Avdhesh KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The Court disposed of the writ petition, directing the petitioner to approach the Divisional Commissioner within four weeks for further adjudication.
Summary
The petitioner, Avdhesh Kumar, filed a writ petition seeking (i) a certiorari to quash the Deputy Collector's order dated 21‑Nov‑2021 dismissing his mutation appeal for lack of valid documents, (ii) an injunction restraining private respondents from interfering with his peaceful possession of Raiyti land allegedly sold to him, (iii) a direction to the authorities to create a Jamabandi in his favour, and (iv) any other appropriate relief. The petition also alleged that the land, measuring about five decimal, was part of his father's share and he had been residing there peacefully. Both parties consented to refer the dispute to the Divisional Commissioner, and the State raised no objection to this approach. The High Court directed the petitioner to file a fresh petition before the Divisional Commissioner within four weeks, who shall issue notices and adjudicate the matter. Consequently, the writ petition was disposed of, allowing the matter to proceed before the Divisional Commissioner.
Issues considered
- Whether the order dated 21‑Nov‑2021 dismissing the mutation appeal can be quashed by certiorari.
- Whether the private respondents can be restrained from interfering with the petitioner's possession of the land.
- Whether the authorities can be directed to create a Jamabandi in favour of the petitioner.
- Whether the petitioner should approach the Divisional Commissioner for resolution of the land dispute.
Subjects
- mutation appeal
- land revenue
- Jamabandi
- certiorari
- possession
- Raiyti land
- Bihar land reforms
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.170 of 2026
======================================================
Avdhesh Kumar Son of Late Shanichar Bhagat, Resident of Village-
Kalyanpur, P.S.-Fatua, District-Patna.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Land Reform and
Revenue Department, Government of Bihar, Patna.
2. The Secretary, Land Reform and Revenue Department, Government of
Bihar, Patna.
3. The Divisional Commissioner, Patna.
4. The Collector cum District Magistrate, Patna.
5. The Additional Collector, Patna.
6. The Deputy Collector, Land Reforms, Patna City, District-Patna.
7. The Sub Divisional Officer, Patna City, Patna.
8. The Circle Officer, Fatua, Patna.
9. Rambali Rai, son of Late Rambhajan Gope, Resident of Village-Kalyanpur,
P.S.-Fatua, District-Patna.
10. Dinesh Kumar, Son of Late Shanichar Bhagat, Resident of Village-
Kalyanpur, P.S.-Fatua, District-Patna.
11. Krishna Kumar, Son of Late Shanichar Bhagat, Resident of Village-
Kalyanpur, P.S.-Fatua, District-Patna.
12. Santosh Kumar, Son of Late Ram Ikabal Yadav, Resident of Village-
Kalayanpur, P.S.-Fatua, District-Patna.
13. Kaushalya Sharma, Wife of Rambhajan Rai, Resident of Village-Sorakhothi,
P.S.-Fatua, District-Patna.
14. Asha Kumari, Wife of Avadh Kishore Prasad, Resident of Village-
Sorakhothi, P.S.-Fatua, District-Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pankaj Kumar, Advocate
: Mr. Umesh Kumar Gupta, Advocate
For the State : Mrs. Archana Meenakshee, GP-6
: Mr. Rana Veer Prawar, AC to GP-6
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 13-01-2026 Mr. Pankaj Kumar, learned counsel for the petitioner
undertakes to remove the defect as pointed out by the office.
Patna High Court CWJC No.170 of 2026(2) dt.13-01-2026
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2. The present petition has been preferred for the
grant of following relief(s):
“(i) for issuance of an appropriate
writ/s, order/s, direction/s in the nature of
Certiorari for quashing of order dated
21.11.2021 passed by the Respondent No. 06
passed in Mutation Appeal Case No. 31/2020-21
whereby and under the Respondent No. 06
dismissed the Mutation Appeal Case No.
31/2020-21 on the ground that the petitioner and
his ancestor have not produces a valid
documents and evidence in support of their case.
(ii) for issuance of an appropriate
writ/s, order/s, direction/s to the Respondent to
restrain the private Respondent/respondent 2nd
set who are interfering in peaceful possession
over the land of the petitioner on the ground that
the said land was sold to him by Rakesh Kumar,
who is vendee of co-sharer of the petitioner in
fact the original vendee of the aforesaid land has
already sold more land than fell in their share
and now their vendees are creating hurdle in
Patna High Court CWJC No.170 of 2026(2) dt.13-01-2026
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construction of residential house of the
petitioner on the land situated in Mazaa-
Mirjapur Nauhat, Halka No. 16, Thana No. 20,
Khata No. 120 Khesra No. 449 admeasuring
about 5 decimal, Which is Raiyti land and was
given in the share of father of the petitioner,
upon which he has been living peacefully for a
long period.
(iii) for issuance of an appropriate
writ/s, order/s, direction/s to the Respondents
No. 08 to create a Jamabandi in favor of the
petitioner that after hand over the possession
over the said land after demarcation so that
quietus may be given to the dispute arisen
between the petitioner and respondents 2nd set.
(iv) to pass such other order/orders as
your lordships may deem fit and proper in facts
and circumstances of the case.”
3. With the consent of the parties, the writ petition has
been taken up and learned counsel for the petitioner submits that
it will suffice if the fresh petition to be filed before the
respondent no.3, the Divisional Commissioner, Patna, is
Patna High Court CWJC No.170 of 2026(2) dt.13-01-2026
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disposed of.
4. The State has no objection.
5. In that background, the writ petition is disposed of
allowing the petitioner to approach the respondent no.3, the
Divisional Commissioner, Patna in next four weeks, who shall
be issuing notices to the parties and shall be taking the matter to
its logical conclusion at an earliest.
(Rajiv Roy, J)
vinayak/-
U
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