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Patna High Court

Narendra Kumar SinghversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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


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