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Patna High Court

Gagan Dev RamversusThe State of Bihar

Decided
Disposal
DISPOSED

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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