Patna High Court
Sawal Ram DroliaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
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
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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
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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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