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Patna High Court

Gonar SadaversusThe State of Bihar

Decided
Disposal
CONSIGNED

Holding

The petition was dismissed because the petitioners failed to comply with the peremptory order to remove the defect within the stipulated time.

Summary

The petitioners, a group of individuals claiming rights over surplus land allotted to them, sought to set aside several orders issued by revenue officials that cancelled their jamabandi and directed the restoration of land. They challenged a 2017 revision order confirming a 2007 collector's order, a 2018 jamabandi cancellation order, and requested a stay on the implementation of these orders. The High Court gave the respondents four weeks to remove a procedural defect, but the petitioners failed to comply with the peremptory direction. Consequently, the Court dismissed the petition on 23 December 2025 for non‑compliance. The dismissal upheld the revenue orders and denied any relief to the petitioners.

Issues considered

  • Whether the 2017 revision order and the 2018 jamabandi cancellation order can be set aside.
  • Whether the petitioners are entitled to restoration of jamabandi and settlement of the disputed land.
  • Whether a peremptory order requiring compliance within a stipulated period is enforceable.

Subjects

  • Land reforms
  • Land ceiling surplus
  • Jamabandi cancellation
  • Civil writ jurisdiction
  • Revision order
  • Peremptory order

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Civil Writ Jurisdiction Case No.18713 of 2025
                 ======================================================
           1.     Gonar Sada S/o Late Mukti Sada, Resident of Village- Dubba Tola, Ward
                  No.- 12, Post- Batraha, P.S.- Sonamani Godown (Kursakanta), District-
                  Araria.
           2.    Prithavi Sada, S/o Late Mangal Sada, Resident of Village- Asabhag, P.S.-
                 Kursakanta, District- Araria.
           3.    Sadanand Sada, S/o Late Mishri Sada, Resident of Village- Asabhag, P.S.-
                 Kursakanta, District- Araria.
           4.    Ramji Sada, S/o Late Mohi Sada, Resident of Village- Asabhag, P.S.-
                 Kursakanta, District- Araria.
           5.    Lila Devi, W/O Sanichar Sada, Resident of Village- Asabhag, P.S.-
                 Kursakanta, District- Araria.
                                                                    ... ... Petitioner/s
                                                    Versus
           1.    The State of Bihar through the Principal Secretary, Land Reforms
                 Department, Govt. of Bihar, Patna.
           2.    The Commissioner, Purnea Division, Purnea.
           3.    The Collector, Araria.
           4.    The Additional Colelctor, Araria.
           5.    Deputy Collector, Land Reforms Araria.
           6.    The Circle Officer, Kursakanta, Araria.
           7.    Rajiv Ranjan Singh, Son of Girijanand Singh, Resident of Village- Dyorhi
                 Garhbanaili, P.S.- Kasba, District- Purnea.
           8.    Deepak Narayan Singh, Son of Late Girijanand Singh, Resident of Village-
                 Dyorhi Garhbanaili, P.S.- Kasba, District- Purnea.
           9.    Sanjeev Narayan Singh, Son of Late Girijanand Singh, Resident of Village-
                 Dyorhi Garhbanaili, P.S.- Kasba, District- Purnea.
           10. Jyoti Narayan Singh, Son of Late Girijanand Singh, Resident of Village-
               Dyorhi Garhbanaili, P.S.- Kasba, District- Purnea.
           11. Kalimuddin Ansari, S/O Late Karim Uddin, Resident of Village- Raraula,
               P.S.- Kursakanta, District- Araria.
           12. Md. Rahim @ Rahim Ansari, Son of Late Karim Uddin, Resident of Village-
                Raraula, P.S.- Kursakanta, District- Araria.
                                                                   ... ... Respondent/s
               ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr. Chandra Shekhar Anand, Advocate
                 For the State            :     Mr. Addl. Advocate General (03)
                                          :     Dr. Mankeshwar Tiwari, AC to AAG-3
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

3   19-01-2026                    Heard the parties.

                                 2. The present petition has been preferred for the grant
Patna High Court CWJC No.18713 of 2025(3) dt.19-01-2026
                                           2/3




          of following relief(s):

                                          “for setting aside the order dated

                             25.01.2017, passed by the Additional Member,

                             Board of Revenue, Bihar, Patna in Revision

                             (Land Ceiling Surplus) Case No.- 37/2007 by

                             which and where under the Learned court has

                             been pleased to confirm the order dated

                             01.08.2007 passed by Learned Collector, Araria

                             in Misc. Appeal No.- 2/96-97 as well as the order

                             dated 25.03.1995 passed by Learned Additional

                             Collector, Araria and also directed the Learned

                             Collector, Araria to make good the loss of 5.9

                             Acres of land which was wrongly ncluded in the

                             share of landlord and settle the said land with the

                             petitioner in Revision Appliction.

                                          (a) for setting aside the order dated

                             21.04.2018, passed by Learned Additional

                             Collector,      Araria       passed   in   Zamabandi

                             Cancellation Case No.- 252/2017-18.

                                          (b) for direction to the respondents to

                             stay the implementation of the order dated

                             25.01.2017 as well as the order dated 21.04.2018

                             passed in Jamabandi Cancellation Case No.-
            Patna High Court CWJC No.18713 of 2025(3) dt.19-01-2026
                                                       3/3




                                         252/2017-18, passed by Additional Collector,

                                         Araria.

                                                     (c) for direction to the respondents to

                                         restore the Jamabandi of the petitioners on their

                                         land, which has been allotted to them by way of

                                         Red Cards on surplus land of Rani Rameshwari

                                         Devi, has been cancelled by the Circle Officer,

                                         Kursakanta, District- Araria on the basis of the

                                         order passed by Learned Additional Collector,

                                         Araria in Jamabandi Cancellation Case No.-

                                         252/2017-18.

                                                     (d) for any other relief/reliefs for which

                                         the petitioners are found entitled by the Hon’ble

                                         Court.”

                                  3. In this case on 25.11.2025, four weeks’ time was

                      granted to remove the defect.

                                  4. As it was a peremptory order and not complied, it

                      stood dismissed on 23.12.2025.

                                  5. Perused the file, consigned.



                                                    (Rajiv Roy, J)
vinayak/-

U


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