Patna High Court
Mohan RamversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The Court held that the Circle Officer’s no‑objection letter must remain in abeyance pending the decision of the Jamabandi cancellation case, and therefore the writ petition was disposed of.
Summary
The petitioner, Mohan Ram, claimed ownership of 1 acre of land in Mauza Dharahara Khurd based on a 1985-86 settlement parwana and challenged a July 2025 letter issued by the Circle Officer that gave a no‑objection certificate to the District Cooperative Officer for constructing a PACS godown on the same land. He sought certiorari to quash that letter, an order of the Sub‑Divisional Public Grievance Redressal Authority directing him to approach the Additional Collector, and injunctions restraining respondents from dispossessing him. The State respondents argued that the petitioner’s title was obtained by suppression of facts and that a Jamabandi cancellation case had already been filed, rendering the land title contestable. The Court observed that the cancellation proceedings before the Additional Collector must be decided before any further action, and therefore the Circle Officer’s no‑objection letter should remain in abeyance. Consequently, the writ petition was disposed of without granting any relief, pending the outcome of the Jamabandi cancellation case.
Issues considered
- Whether the Circle Officer’s issuance of a no‑objection certificate for construction on the petitioner’s land is valid.
- Whether the writ petition seeking certiorari to quash Letter No. 744 and the public grievance authority’s order should be entertained.
- Whether the pending Jamabandi cancellation proceedings bar the grant of the reliefs claimed by the petitioner.
Subjects
- land settlement
- jamabandi cancellation
- certiorari
- cooperative society
- public grievance redressal
- property rights
- administrative law
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.19248 of 2025
======================================================
Mohan Ram Son of Late Gajo Ram @ Jago Ravidas Resident of village-
Dharahara Khurd, Post Office- Charokhari Garh, P.S.- Fatehpur, District-
Gaya.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of Revenue
and Land Reforms, Patna.
2. The Principal Secretary, Department of Revenue and Land Reforms, Patna.
3. The Principal Secretary, Department of Cooperative, Government of Bihar,
Patna.
4. The Registrar, Department of Cooperative, Government of Bihar, Patna.
5. The Collector cum District Magistrate, Gaya Jee.
6. The District Cooperative Officer, Gaya Jee.
7. The Additional Collector cum Additional District Magistrate, Gaya jee.
8. The Deputy Collector Land Reforms, Gaya Jee.
9. The Sub Divisional Officer, Gaya Jee.
10. The Sub Divisional Public Grievance Redressal Authority, Gaya Jee.
11. The Circle Officer, Fatehpur Circle, District Gaya Jee.
12. The Circle Inspector, Fatehpur Circle, District Gaya Jee.
13. The Anchal Amin, Fatehpur Circle, District Gaya Jee.
14. The Chairman, PACS, Dharahara Kala Gram Panchayat Samiti, Fatehpur,
District Gaya Jee.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Siya Ram Shahi, Adv.
Mr. Om Prakash Maharaj, Adv.
For the Respondent/s : Mr. Subodh Kumar, AC to SC-26
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
5 21-04-2026 Heard the parties.
I.A. No. 02 of 2026
2. The aforesaid I.A. has been preferred for seeking
amendment in the main writ application bringing on the record the
Patna High Court CWJC No.19248 of 2025(5) dt.21-04-2026
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proposal of Jamabandi cancellation No. 2 dated 09.12.2025
forwarded by Letter N. 1337 dated 09.12.2025 under the signature
of C.O. Fatehpur Gaya as well as the order sheet of Jamabandi
Cancellation Case No. 405/2025 -26.
3. In view of the facts that are part of the writ petition,
learned State Counsel has no objection.
4. I.A. No. 02 of 2026 is allowed.
5. Let the amendment be part of the main writ petition.
CWJC No. 19248 of 2025
6. Heard the parties.
7. The present application has been preferred for the
following relief(s):
(i) For issuance of an appropriate
writ in the nature of Certiorari in quashing the
Letter No. 744 dated 01.07.2025 as contained
in Annexure P/9 issued by the Circle Officer,
Fatehpur (Gaya) whereby and where under no
objection Certificate has been issued in
respect of the land under Parwana of the
petitioner pertaining to Mauza Dharahara
Khurd Khata No. 98 Khesara No. 412 Area 1
Acre to the District Cooperative Officer, Gaya
enabling him to construct a PACS Godown
over 30 decimal out of 1 Acre of the land
under the PACS Chairman of Dharahara
Kalan Gram Panchayat Samiti under
Fatehpur Anchal.
Patna High Court CWJC No.19248 of 2025(5) dt.21-04-2026
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(ii) For issuance of a writ of
Certiorari in quashing the order dated
12.09.2025 passed in Public Complaint No.
9999901180825569309 by the Sub Divisional
Public Grievance Redressal Authority Gaya as
contained in Annexure P/14 whereby the
petitioner's Complaint has been disposed off
with a direction to the petitioner to approach
the Court of Additional Collector, Gaya where
a process of cancellation of the Jamabandi of
the petitioner in respect of the land in question
is going to be initiated after the
recommendation by the Circle Officer,
Fatehpur Circle, vide his Letter No. 950 dated
13.08.2025.
(iii) For issuance of an appropriate
writ /writs directing the respondent Nos. 4, 5,
6 and 11 to restrain respondent No. 14 or else
one from dispossessing the petitioner from the
land which has been settled vide Parwana No.
756 in settlement case No. 115 of 198586 in
pursuant to 1 Acre of land of Mauza
Dharahara Khurd Khata No. 98 Khasara No.
412 and if he is dispossessed from the land in
question his possession be restored.
(iv) For issuance of any other relief/
reliefs for which the petitioner is found entitled
to under the facts and circumstances of the
case.
8. The admitted facts of the case is/are that with respect
to the land in question, a land settlement parwana was issued in the
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year 1985-86 (Annexure- P/1 to the petition).
9. The petitioner is enjoying the fruits of the said land
but was aggrieved when a letter no. 744 dated 01.07.2025 was
issued by the Circle Officer, Fatehpur, Gaya to the District Co-
operative Officer, Gaya giving no objection for the construction of
a godown which included the land of the petitioner (Annexure- P/9
to the petition).
10. Aggrieved, the present petition.
11. The counter affidavit has come on behalf of the
State respondents and the point put forward by them are two-fold:
(i) the petitioner/ family was never a
landless person and the land was settled by way of
suppression of fact;
(ii) the steps have already been taken by
the respondents for cancellation of the jamabandi
created in favour of the petitioner/ family by way of
letter no. 1337 dated 09.12.2025 issued by the Circle
Officer, Fatehpur, Gaya to the Additional Collector,
Gaya (Annexure- P/24 to the I.A. 02 of 2026). This
has resulted into the filing of Jamabandi
Cancellation Case No. 405/ 2025-26.
12. Having heard the parties, this Court is of the opinion
that when the State respondents have come to a conclusion that a
jamabandi is continuing in favour of the petitioner, whether it has
to continue or needs to be canceled, the matter has now gone to the
Court of learned Additional Collector, Gayaji. Till a decision
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comes after hearing the parties including the petitioner/State
respondent, the Circle Officer, Fatehpur, Gaya, erred in issuing No
Objection Certificate to the District Co-operative Officer, Gayaji.
13. In that background, allowing the petitioner/State
respondent to fight out the battle before the learned Additional
Collector, Gayaji, it is observed that till a decision comes in the
Jamabandi Cancellation Case No. 405 of 2025-26, the letter no.
744 dated 01.07.2025 issued by the Circle Officer, Fatehpur, Gaya
to the District Cooperative Officer, Gaya shall remain in abeyance.
14. The writ petitioner is disposed of with aforesaid
observation.
15. Pending I.A.(s), if any, also stands disposed of.
(Rajiv Roy, J)
Vijay Singh/-
U
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