Patna High Court
Parsuram PrasadversusThe State of Bihar
- Decided
- Disposal
- WITHDRAWN
- Bench
- RAJIV ROY
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The petition was dismissed as withdrawn, with the court permitting the withdrawal and not entertaining the merits.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 The court granted permission to withdraw and dismissed the writ petition as withdrawn.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
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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
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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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