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Patna High Court

Sawal Ram DroliaversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The writ petition was disposed of, directing the Collector, Lakhisarai to investigate the matter and pass a reasoned order, without granting the writ of mandamus.

Summary

The petitioner, Sawal Ram Drolia, sought a writ of mandamus directing the revenue authorities to correct the khata and plot numbers in Jamabandi No. 94 and the associated rent receipt, claiming his father held title and possession of the land. He alleged that the rent receipt displayed zero for khata and khesra numbers and that his representations to the revenue officials had been ignored. The respondents contended that the petitioner had not furnished the requisite documents for rectification and that the statements in the petition were inaccurate, noting that the rent receipt in question was issued in 2018 for periods from 1955‑56 to 2018‑19. The court observed that the matter required further inquiry by the Collector of Lakhisarai and ordered the Collector to investigate and issue a reasoned order within a stipulated time. Consequently, the writ petition was disposed of with directions for the revenue department to examine the case and take appropriate action.

Issues considered

  • Whether the revenue authorities are duty-bound to rectify the khata and plot numbers in Jamabandi No. 94 and the rent receipt as claimed by the petitioner.
  • Whether the petitioner is entitled to a writ of mandamus directing such rectification in the absence of supporting documents.
  • Whether the respondent's objections regarding lack of documentation and alleged inaccuracies in the petition merit dismissal of the relief sought.

Subjects

  • land revenue
  • jamabandi rectification
  • writ of mandamus
  • rent receipt
  • property rights
  • land reform

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Civil Writ Jurisdiction Case No.17412 of 2023
                 ======================================================
                 Sawal Ram Drolia Son of Late Nandlal Droliya @ Nandlal Marwari, Resident
                 of Village- Faridabad, Purani Bazar, Lakhisarai, P.S. and District Lakhisarai.
                 At present Resident of Flat No. 307, Mahima Place, Govind Mitra Road,
                 District Patna.

                                                                               ... ... Petitioner/s
                                               Versus
           1.    The State of Bihar Through the Secretary, Revenue and Land Reforms
                 Department, Bihar, Patna.
           2.    The Additional Chief Secretary, Govt. of Bihar, Patna.
           3.    The Collector, Lakhisarai.
           4.    The Additional Collector, Lakhisarai.
           5.    The Deputy Collector Land Reform, Lakhisarai.
           6.    The Sub-Divisional Officer, Lakhisarai.
           7.    The Circle Officer, Lakhisarai.
           8.    I.T. Manager, Revenue and Land Reform Department, Lakhisarai.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :        Mr. Brajesh Kumar Singh, Adv.
                 For the Respondent/s   :        Mr. Birendra Pd. Singh, AC to SC-19
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

3   17-03-2026                   Heard Mr. Hari Kishore Thakur, learned counsel for

                   the petitioner and Mr. B.P. Singh representing the State.

                               2. The present application has been preferred for the

                   following relief(s):

                                                      (i) for issuance of appropriate writ
                                            in the nature of mandamus commanding and
                                            directing the Respondent authorities to
                                            rectify/mention the Khata number and Plot
                                            number in Jamabandi No. 94 and Rent
                                            Receipt issued in the name of father of the
Patna High Court CWJC No.17412 of 2023(3) dt.17-03-2026
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                                 petitioner namely Nandlal Marwari as the
                                 petitioner having right title and possession
                                 over the land in question.
                                              (ii) For further direction to the
                                 Respondent authorities to dispose of the
                                 representation of the petitioner by reasoned
                                 and speaking order within time framed.
                                              (iii) And for any other relief/reliefs
                                 for which the petitioner is found to be
                                 entitled in the eye of law.
                      3. The case of the petitioner is that earlier, the land

          belonged to one Khado and Musho, son of Kanhai which was

          auctioned in the year 1932 and Mukti Ram Marwari who is the

          great grandfather of the petitioner, purchased the land in auction

          and came in possession. The name of the father of the petitioner,

          Nandlal Marwari has also been recorded in Register-II with

          Jamabandi No.- 94.

                      4. The submission is that the khata and khesra nos. in

          the rent receipt has been shown to be zero which need

          correction and further contention is that after petitioning all the

          revenue authorities upto the Collector, Lakhisarai and as there

          was no response, the writ petition.

                      5. A counter affidavit has come on behalf of the

          respondents duly signed by the Circle Officer, Sadar, Lakhisarai

          and learned State Counsel has taken this Court to paragraph 8
Patna High Court CWJC No.17412 of 2023(3) dt.17-03-2026
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          and 12 which read as under:

                                      8. That there is no any substantial
                          question as framed in para 2 of writ petition are
                          involved in the writ in hand. It is most humbly
                          submitted that in view of settle procedural
                          principle that when a thing is to be done in a
                          particular manner; it should be done in that
                          manner or not at all. The petitioner without any
                          documents         presented        an   application     for
                          modification/rectification of jamabandi no. 94 in
                          khata, khesra Chauhaddi and Rakba on 07.02.2021
                          although the petitioner should have to submit the
                          required documents such as self-attested copy of
                          Order of mutation case, self-attested copy of
                          Correction Slip, self-attested copy of Bhu-Lagaan
                          Receipt, self-attested copy of latest Final Khatiyan
                          (CS/RS) self-declaration in desired format.
                                      12. That the statements made in para 6
                          of writ petition is not correct hence denied. From
                          perusing the online Jamabandi no. 94 it will
                          transpires that firstly the rent has been paid since
                          1955-56 to 2018-19 on vide 24.10.2018 receipt no.
                          0913970996. Hence it is absolutely incorrect to say
                          that the father of the petitioner had paid rent to the
                          State of Bihar and Rent receipt had been issued on
                          16.03.1956.            The      Annexure-P/2   is   a   The
                          manufactured document.
                      6. Though there is denial in the rejoinder of the

          petitioner, taking note of the fact that the rent receipt has been
           Patna High Court CWJC No.17412 of 2023(3) dt.17-03-2026
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                     issued in the year 2018 for the period 1955 to 2018 and lots of

                     names have already been registered in between and there are

                     cases also pending before Competent Authorities/ Court, it

                     would be appropriate that the Collector, Lakhisarai (respondent

                     no. 3) enquires into the matter and pass a reasoned order

                     thereafter.

                                   7. Needless to add, responsibilities have to be fixed

                     and if it is found that the petitioner has played mischief,

                     appropriate civil/ criminal consequences must follow.

                                   8. Learned counsel for the petitioner prays for and is

                     allowed to approach the Collector, Lakhisarai (respondent no. 3)

                     in next eight weeks along with all the relevant documents who

                     shall be looking into the case, calling for report from the

                     revenue authorities and take the matter to its logical conclusion

                     at an earliest.

                                   9. The writ petition is disposed of with aforesaid

                     observation.



                                                   (Rajiv Roy, J)
Vijay Singh/-

U


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