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Patna High Court

Parsuram PrasadversusThe State of Bihar

Decided
Disposal
WITHDRAWN

Holding

The petition was dismissed as withdrawn, with the court permitting the withdrawal and not entertaining the merits.

Summary

Parsuram Prasad and Rekha Devi filed a writ petition challenging a letter dated 28‑06‑2019 issued by the Collector, Gaya, which directed the cancellation of all Jamabandi entries created on the basis of Chakbandi/Chak Khatiyan, except those notified under Section 26(A) of the Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956. The petition sought certiorari to quash the collector’s letter and subsequent notices, as well as prohibition and mandamus to restrain further cancellations. The petitioners later informed the court that they wished to withdraw the petition. The court granted permission to withdraw and dismissed the writ petition as withdrawn. Consequently, no substantive determination on the merits of the collector’s direction was made.

Issues considered

  • Whether the Collector’s direction to cancel Jamabandi entries is ultra vires of the Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956
  • Whether the writ petition is maintainable in the absence of a final order

Legislation cited

Subjects

  • Jamabandi
  • certiorari
  • prohibition
  • mandamus
  • land reforms
  • Bihar Consolidation of Holdings Act
  • withdrawal of petition

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.17114 of 2019
                 ======================================================
           1.     Parsuram Prasad Son of Sukhdeo Prasad, Resident of Village and P.S.-
                  Aamas, District- Gaya.
           2.    Rekha Devi, Wife of Naresh Yadav, Resident of Village- Chilmikala, P.S.
                 Aamas, District- Gaya.

                                                                           ... ... Petitioner/s
                                                   Versus
           1.    The State of Bihar through the Principal Secretary, Department of Revenue
                 and Land Reforms, Bihar, Patna.
           2.    The Principal Secretary, Department of Revenue and Land Reforms, Bihar,
                 Patna.
           3.    The District Magistrate-Cum-Collector, Gaya.
           4.    The Deputy Collector, Land Reforms, Sherghati, District- Gaya.
           5.    The Sub-Divisional Officer, Sherghati, Gaya.
           6.    The Circle Officer, Aamas, Gaya.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :     Mr. Prince Kumar Mishra, Advocate
                 For the Respondent/s   :     Mr. Raj Kishore Roy, GP-18
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

3   07-01-2026                 Heard Mr. Prince Kumar Mishra, learned counsel for

                   the petitioner and the State.

                               2. The present petition has been preferred for the

                   following relief(s):

                                            “a) For issuance of writ in the nature of
                                  Certiorari, quashing the Letter dated 28.06.2019
                                  issued by the learned Collector, Gaya, (hereinafter
                                  referred as "Impugned Letter") whereby and
                                  whereunder, he has directed the Circle Officer,
                                  Aamas, to cancel all the Jamabandis which have
                                  been created on the basis of Chakbandi / Chak
Patna High Court CWJC No.17114 of 2019(3) dt.07-01-2026
                                            2/3




                          Khatiyan save and except those which have been
                          notified under Section 26 (A) of the Bihar
                          Consolidation of Holdings and Prevention of
                          Fragmentation Act, 1956 (hereinafter referred as
                          "1956 as per the directions given by the Principal
                          Secretary, Revenue and Land Reforms, Bihar.
                                      b) For issuance of writ in the nature of
                          Certiorari, quashing all such consequential actions
                          taken pursuant to directions of Collector, Gaya as
                          contained in Letter dated 28.06.2019.
                                      c) For issuance of writ in the nature of
                          Certiorari, quashing the Notices dated 15/07/19 in
                          Jamabandi Cancellation Case No.115/19-20 &
                          135/19-20 issued by the Additional Collector, Gaya,
                          whereby and whereunder Petitioners have been
                          directed to appear on 25/07/19 and submit their
                          response.
                                      d) For issuance of writ in the nature of
                          prohibition, prohibiting the respondent authorities
                          particularly,     the    Collector.   Gaya,   Additional
                          Collector, Gaya and Circle Officer, Gaya, not to
                          proceed further in relation to cancellation any
                          Jamabandis which have been created on the basis of
                          Chakbandi/Chak Khatiyan- as per the Letter dated
                          28.06.2019 of Collector, Gaya as well as per the
                          Directions given by the Principal Secretary, Revenue
                          and Land Reforms, Bihar.
                                      e) For issuance of writ in the nature of the
                          mandamus commanding and directing upon the
                          Respondent authorities not to cancel any Jamabandi
                          which have been created on the basis of Chakbandi/
          Patna High Court CWJC No.17114 of 2019(3) dt.07-01-2026
                                                      3/3




                                    Chak Khatiyan.
                                                f) For any other relief or reliefs for which
                                    the petitioners are found entitled in the facts and
                                    circumstances of the case.”

                                3. It has been informed by the learned counsel for the

                    petitioners that he has been instructed to withdraw the petition.

                                4. Permission accorded.

                                5. Accordingly, the writ petition stands dismissed as

                    withdrawn.



                                                  (Rajiv Roy, J)
Adnan/-

U


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