Patna High Court
Nirmal Kumar SinghversusThe State Of Bihar and Ors
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The petition was dismissed as infructuous and the writ petition was disposed of.
Summary
The petitioner, Nirmal Kumar Singh, filed a writ petition seeking quashing of a land possession certificate and a correction made in Register‑2 of Jamabandi No. 401/513, alleging that the entries were antedated to circumvent a restraining order by the Circle Officer. He also requested an enquiry into alleged manipulation of records by revenue officials and a restraining order against any mutation of the land during the pendency of the petition. The petitioner informed the court that two title suits (No. 145 of 2016 and No. 407 of 2016) had been decided, rendering the writ petition infructuous. The court, after hearing counsel, granted permission to withdraw the petition. Consequently, the writ petition was disposed of as infructuous.
Issues considered
- Whether the land possession certificate issued by the Circle Officer should be quashed.
- Whether the correction entered in Register‑2 of Jamabandi No. 401/513 is valid or antedated.
- Whether the respondents should be restrained from effecting any mutation of the land pending the petition.
- Whether an enquiry should be ordered into alleged manipulation of revenue records.
Subjects
- Land possession certificate
- Jamabandi
- Antedating
- Writ of certiorari
- Mutation of land
- Infructuous petition
- Revenue administration
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.18969 of 2018
======================================================
Nirmal Kumar Singh Son of Late Rameshwar Singh, Resident of Village-
Enai, P.S.- Rivilganj, District- Saran at Chapra.
... ... Petitioner/s
Versus
1. The State Of Bihar.
2. The Principal Secretary, Revenue and Land Reforms Department, Govt. of
Bihar, Patna.
3. The Commissioner, Saran Division, Saran at Chapra.
4. The District Magistrate, Saran at Chapra.
5. The Additional Collector, Saran at Chapra.
6. The Deputy Collector Land Reforms, Saran at Chapra.
7. The Circle Officer, Sadar Chapra.
8. Md. Saifullah Rahmani, Revenue Karamchari, Mauza-Brahmpur, Circle
Office- Chapra Sadar at Chapra.
9. Birendra Singh, Son of Late Gupta Singh, resident of Village- Chhota
Brahmpur Masumganj, P.S.- Bhagwan Bazar, District- Saran.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ram Binod Singh, Advocate
For the Respondent/s : Mr. Viveka Nand Singh, AC to GP-18
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 09-02-2026 Heard Mr. Ram Binod Singh, learned counsel for the
petitioner and the State.
2. The present petition has been preferred for the
following relief(s):
“(i) For issuance of writ in the nature of
certiorari for quashing of Land Possession
Certificate issued by the Circle Officer, Sadar,
Chapra withregard to 12 bighas, 01 katha and 15
Patna High Court CWJC No.18969 of 2018(3) dt.09-02-2026
2/4
dhurs of land bearing Thana No. 277, Jamabandi
No. 401/513, Khesra No. 4297 and 4328 because it
has been issued with regard to the land belonging
to the Petitioner on the basis of antedated report
dated 30-12-2016.
(ii) For issuance of writ in the nature of
certiorari for quashing of the correction made in
Register-2 of Jamabandi No. 401/513 whereby
without any order passed by the Circle Officer, the
Revenue Karamchari has entered Khata No. and
Survey No. as well as father's name of Jamabandi
holder in Register-2 on the basis of alleged order
contained in Memo No. 191 dated 11-02-2017,
(iii) For holding that the aforesaid
correction in Register-2 with regard to Jamabandi
No.401/513 has been effected by committing
antedating in order to overcome the order of the
Circle Officer dated 20-03-2017 whereby he had
restrained any mutation over the land in question,
had these entries been made in Register-2 on 11-
02-2017, it would have been reflected in
subsequent certified copies of the Register-2
Patna High Court CWJC No.18969 of 2018(3) dt.09-02-2026
3/4
provided by the Circle Officer and LPC would not
have been issued on 07-04-2017 with regard to
entire 27 bighas, 14 kathas and 08 dhurs of land.
(iv) For necessary direction upon the
respondent authorities for conducting enquiry into
the role of the Circle Officer, Sadar, Chapra, the
Revenue Karamchari, Saifulla Rahmani and the
concerned Clerk in the Circle Office, Sadar,
Chapra, who have committed manipulation of
records in order to favour the private respondent
and further to take necessary action against the
persons found responsible for such manipulation.
(v) For restraining the respondents from
making any mutation from Jamabandi No. 401/513
& 407/517 with regard to Khata No. 533, Survey
No. 4297 and 4328 during the pendency of this writ
application.
(vi) For any other direction, which your
Lordships may deem fit and proper in the facts and
circumstances of the case.”
3. It has been informed by learned counsel for the
petitioner that Title Suit No. 145 of 2016 and Title Suit No. 407
Patna High Court CWJC No.18969 of 2018(3) dt.09-02-2026
4/4
of 2016 now stand decided and in that background, the writ
petition has become infructuous and as such, he may be
permitted to withdraw the petition.
4. Permission accorded.
5. Accordingly, the writ petition stands disposed of as
infructuous.
(Rajiv Roy, J)
Adnan/-
U
Checking your session…