Patna High Court
Narendra Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The court declined to interfere with the cancellation order and dismissed the writ petition, granting only liberty to approach the appropriate authority.
Summary
Petitioner Narendra Kumar Singh filed a writ petition seeking a mandamus to quash a 10 May 2019 order that cancelled his jamabandi and to declare a parcel of land as raiyati belonging to him. He also challenged the jurisdiction of the Circle Officer and Land Reform Deputy Collector to cancel the jamabandi under Section 9(i) of the Bihar Land Mutation Act, 2011, and argued that a jamabandi once created cannot be cancelled arbitrarily. The petition sought various reliefs including costs and permission to raise the matter before a competent authority. The High Court, after hearing, granted liberty to the petitioner to approach the appropriate authority but declined to comment on the merits and disposed of the writ petition. Consequently, no order was issued to quash the cancellation and the petition was effectively dismissed.
Issues considered
- What is the jurisdiction of the Circle Officer and Land Reform Deputy Collector to cancel a jamabandi under the Bihar Land Mutation Act, 2011?
- Whether a jamabandi, once created, can be cancelled by the revenue authority without following statutory procedure?
- Whether the petitioner is entitled to a writ of mandamus to quash the cancellation order dated 10 May 2019?
Legislation cited
- Bihar Land Mutation Act, 2011 — s. 9(i)
Subjects
- writ jurisdiction
- mandamus
- jamabandi
- land revenue
- jurisdiction
- rai yati land
- Bihar Land Mutation Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.17489 of 2019
======================================================
Narendra Kumar Singh S/o Late Gopal Singh, Resident of Village
Gheghta,PO and PS Sonepur,Dist.Saran
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary,Department of Land and
Revenue Reforms,Bihar,Patna
2. The Commissioner, Saran Division,Chapra
3. The Collector, Saran at Chapra
4. The Additional Collector, Saran at Chapra
5. The Land Reforms Deputy Collector, sonepur,Saran
6. The Circle Officer, Sonepur,Saran
7. The Circle Inspector, Sonepur, Anchal-Saran.
8. The Rajaswa Karamchari, Sonepur,Anchal Saran
9. The Anchal Amin, Sonepur Anchal,Saran
10. Babita Singh D/o Krishnanad Singh Resident of Village Gegta
Chakdaria,PO and PS Sonepur,Saran
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Radhesh Kumar Sharma, Adv.
For the Respondent/s : Mr. Sajid Salim Khan (Sc25)
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 07-01-2026 Heard the parties.
2. The present application has been preferred for the
following relief(s):
(i) For issuance of writ in the
nature of mandamus to quash order dated
10.05.2019 passed under the signature of
Land Reform Deputy Collector, Sonepur,
Saran in Jamabandi Correction Case No.
12/2018-19, whereby and wherender
Jamabandi bearing No. 43 of the petitioner
Patna High Court CWJC No.17489 of 2019(3) dt.07-01-2026
2/3
is cancelled on recommendation dated
31.12.2018 of Circle Officer, Sonepur, Saran.
(ii) The land bearing Khata No.
68, Khesra No. 219 area measuring 3 Katha
18 dhurs situated at mauja-Cakdaria be
declared raiyati land of petitioner.
(iii) To hold that the learned Circle
Officer, Sonepur, Saran and Land Reform
Deputy Collector have no jurisdiction for
Cancellation of make proposal for
cancellation of Jamabandi and also ceating
Jamabdni for the same in Jamabandi the
name to of Babita Singh i.e. Respondent No.
10 following a proceeding without as per
provision of Section 9(i) of the Bihar Land
Mutation Act 2011.
(iv) To hold that if any Jamabandi
is created in name of a person for a long
period then Jamabandi cannot be canceled
by the Revenue authority.
(v) To pay to cost of legal
proceeding throughout to petitioner.
(vi) And any other relief/ reliefs the
petitioner may be found legally entitled to in
the facts and circumstances of the preset
case.
3. Learned counsel for the petitioner submits that it
would suffice if the petitioner is allowed to agitate the matter
before appropriate authority/Competent Court.
Patna High Court CWJC No.17489 of 2019(3) dt.07-01-2026
3/3
4. Granting said liberty and without commenting on
the merit of the case, the writ petition is disposed of.
(Rajiv Roy, J)
Vijay Singh/-
U
Checking your session…