Patna High Court
Gagan Dev RamversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The petition is premature and therefore the writ cannot be entertained at this stage.
Summary
The petitioner, Gagan Dev Ram, filed a writ petition seeking a certiorari to quash an order dated 25 July 2024 issued by the Collector‑Cum‑District Magistrate of East Champaran, which directed the Anchaladhikari to investigate a Jamabandi cancellation matter. The petitioner also requested that the long‑standing Jamabandi in his father’s name not be interfered with and sought consequential reliefs. The State argued that the order merely required a report from the Circle Officer and that the petitioner would be heard after the report is filed. The High Court held that the petition was premature because the petitioner would have the opportunity to present his case once the report is submitted and the notice is issued. Consequently, the court disposed of the writ petition without granting any relief.
Issues considered
- What is the appropriate jurisdiction of a writ of certiorari to quash the Collector’s order?
- Is the petition premature for seeking relief before the report of the Circle Officer is filed?
Subjects
- writ jurisdiction
- certiorari
- Jamabandi
- land reforms
- pre‑mature petition
- civil writ
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1934 of 2026
======================================================
Gagan Dev Ram Son of Late Sudhan Ram, Resident of Village- Talwa, P.S.-
Kotwa, District- East Champaran, Motihari.
... ... Petitioner/s
Versus
1. The State of Bihar through Principal Secretary, Revenue and Land Reforms,
Govt. of Bihar, Patna.
2. The Principal Secretary, Revenue and Land Reforms, Govt. of Bihar, Patna.
3. The Collector-Cum-District Magistrate, East Champaran, Motihari.
4. The Addl. Collector, East Champaran, Motihari.
5. The Anchaladhikari, Kotwa, District- East Champaran, Motihari.
6. Ram Nath Ram, Son of Lal Dhari Ram, Resident of village- Talwa, P.S. -
Kotwa, District- East Champaran, Motihari.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sharda Nand Mishra, Advocate
: Mr. Sumit Kumar Gupta, Advocate
: Mr. Dhananjay Kumar Gupta, Advocate
: Ms. Isha Mishra, Advocate
For the State : Mr. Dhurjati Kumar Prasad, GP-14
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 05-02-2026 Heard Mr. Sharda Nand Mishra, learned counsel for
the petitioner and Mr. Dhurjati Kumar Prasad, learned GP-14
representing the State.
2. The present petition has been preferred for the
grant of following relief(s):
“(i) for issuance of writ nature of certiorari
for quashing the order dated 25.07. 2024 passed
by Collector-Cum-District Magistrate, East
Champaran, Motihari in Jamabandi
Cancellation Case No. 17/2023-24 by which
directed to respondent Anchaladhikari, Kotwa to
enquire about the matter, if any, illegal
Patna High Court CWJC No.1934 of 2026(2) dt.05-02-2026
2/2
Jamabandi to inform to the court.
(ii) for further issue directions to
respondent not interfere to the long standing
Jamabandi running in the father of the petitioner
as Jamabandi Case No.24/028 of 1970-71.
(iii) for that further give other
consequential benefit to the petitioners.”
3. At the outset, learned State counsel submits that by
the order dated 25.07.2024, the Collector, East Champaran has
merely asked the Circle Officer, Kotwa to look into the matter
and submit it report. The submission is that once a report comes,
naturally, the petitioner has to be notices before an order passed.
4. This Court is satisfied that the writ petition is pre-
mature, the petitioner will have the opportunity to take all the
points before the Collector, East Champaran, once he gets the
notice after the submission of the report of the Circle Officer,
Kotwa, East Champaran.
5. The writ petition is disposed of with the aforesaid
observation.
(Rajiv Roy, J)
vinayak/-
U
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