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Patna High Court

Indu Shekhar JhaversusThe State Of Bihar and Ors

Decided
Disposal
WITHDRAWN

Holding

The petition was dismissed as withdrawn.

Summary

Indu Shekhar Jha filed a writ petition in the Patna High Court seeking a certiorari to quash an order dated 07‑02‑2012 issued by the Deputy Collector Land Reforms, Madhubani, which directed correction of Jamabandi No. 14/61 in favour of private respondents due to a clerical mistake. The petitioner claimed a special power of attorney and asked the court to set aside the correction and direct a fresh proceeding. The petitioner’s counsel later moved for withdrawal of the petition. The court, noting the withdrawal, dismissed the petition as withdrawn without further substantive consideration. Consequently, the order correcting the Jamabandi remains in force.

Issues considered

  • Whether the order dated 07‑02‑2012 correcting Jamabandi No. 14/61 can be quashed by a writ of certiorari

Subjects

  • certiorari
  • jamabandi correction
  • land records
  • withdrawal of petition
  • civil writ jurisdiction

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.17993 of 2016
                 ======================================================
           1.     Indu Shekhar Jha Son of Tej Narayan Jha Resident of Village-Sirpur hati,
                  Kakna, Police Station-Pandaul, District-Madhubani
           2.    . null null

                                                                               ... ... Petitioner/s
                                                   Versus
           1.    The State Of Bihar and Ors null null
           2.    The Additional Collector, Madhubani null null
           3.    The Sub Divisional Officer, Sadar, District-Madhubani
           4.    The Deputy Collector Land Land Reforms, District-Madhubani
           5.    The Circle Officer, Rahika, District-Madhubani
           6.    Ram Prit Ram
           7.    Ram Bahadur Ram Both Sons of Late Baltoo Ram resident of Village-
                 Suratganj, P.S.-Hati, District-Madhubani

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :        Mr. Ratanakar Jha, Adv.
                 For the Respondent/s   :        Mr. Viveka Nand Singh, AC to G.P. 18
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

3   19-01-2026                  Heard the parties.

                               2. The present application has been preferred:

                                                      for issuance of an appropriate
                                            order/orders, direction/directions including a
                                            writ preferably in the nature of Certiorari for
                                            quashing the order dated 07-02-12 passed in
                                            Jamabandi Correction Case No. 01 of 2011-
                                            12 by the learned Deputy Collector Land
                                            Reforms, Madhubani whereby and where
                                            under he has directed the Circle Officer,
                                            Rahika to make correct in Jamabandi No.
                                            14/61 Mauza Chakdah than 33 in place of
Patna High Court CWJC No.17993 of 2016(3) dt.19-01-2026
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                                 Jamabandi         No.    14/61     Mauza       Kamat
                                 Bhawanipur Thana No. 34 in the name of
                                 private respondents which is out and out
                                 clerical mistake committed by Revenue
                                 Karamchari. He has further directed to
                                 correct the Jamabandi in the name of private
                                 respondents in respect of land appertaining
                                 to Khesara No. 163, Area 2 Katha, 4½ dhurs,
                                 Khesara No. 164, Area 1 Katha 10 dhurs
                                 Khesara No. 162 area 5 dhurs and Khesara
                                 No. 113 area 10 Katha 06 dhurs and
                                 accordingly the same be recorded in the
                                 name of private respondents. Apart from
                                 area of land should also correct as 03 Bigha,
                                 2 Katha, 12½ dhurs in the Jamabandi No.
                                 14/61 in favour of the private respondents in
                                 Mauza Chakdah than No. 33.
                                              Further     the     respondents    may
                                 directed to proceed a fresh in accordance
                                 with law as such 20 opportunity of being
                                 heard was given by the respondent No. 4
                                 prior to passing of the order as such the land
                                 in question held by Banti Chaudhary and
                                 Suresh Chaudhary on their behalf the
                                 petitioner holds special power of attorney
                                 executed by them on 25-11-2008.
                                              The petitioner seeks indulgence of
                                 this Hon'ble court to grant any other relief/s
                                 for which he is entitled in the facts and
                                 circumstances of the case.
           Patna High Court CWJC No.17993 of 2016(3) dt.19-01-2026
                                                      3/3




                                 3.     Mr. Ratanakar Jha, learned counsel for the

                     petitioner prays for withdrawal of the petition.

                                 4. Accordingly, the same is dismissed as withdrawn.



                                                   (Rajiv Roy, J)
Vijay Singh/-

U


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