Patna High Court
Sunil KewatversusThe State Of Bihar and Ors
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The Court held that, in view of the Additional Collector’s order cancelling the petitioner’s Jamabandi, no relief could be granted and the writ petition was dismissed.
Summary
The petitioner, Sunil Kewat, filed a writ petition seeking an order directing the Circle Officer to direct the resumption of his agricultural land that had been mortgaged to private respondent Surendra Rai for a loan. He claimed that despite serving a notice under section 12 of the Bihar Money Lenders Act, 1974, no action was taken by the official respondents. The respondents produced an order dated 26‑08‑2021 passed by the Additional Collector, Patna, which cancelled the Jamabandi of the petitioner in the Jamabandi Cancellation Case No.34 of 2017‑18. The Court observed that the cancellation order effectively settled the land‑record issue and that the petitioner could only approach a higher authority for further relief. Consequently, the Court held that no relief could be granted and dismissed the writ petition.
Issues considered
- Whether the Court can direct resumption of agricultural land mortgaged to a private money lender despite the cancellation of the Jamabandi
- Whether the notice under section 12 of the Bihar Money Lenders Act, 1974, obliges the official respondents to restore the land to the petitioner
Legislation cited
- Bihar Money Lenders Act, 1974 — s. 12
Subjects
- mortgage
- agricultural land
- Bihar Money Lenders Act
- section 12
- Jamabandi cancellation
- writ petition
- land resumption
- civil writ jurisdiction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.19619 of 2016
======================================================
Sunil Kewat S/o Late Karoo Kewat, resident of village P.O. Bairiya, P.S.
Gopalpur, District - Patna
... ... Petitioner/s
Versus
1. The State Of Bihar
2. The Collector, Patna at Patna
3. The Additional Collector, Patna at Patna
4. The L.R.D.C., Patna at Patna
5. The Circle Officer, Sampatchak, Patna
6. Surendra Rai, S/o Late Devi Lal Rai, resident of village Post - Bairiya,
Circle office Sampatchak, P.S. Gopalpur, Distt. - Patna
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjeev Kumar Mishra, Advocate
For the Respondent/s : Mr. Dhurjati Kumar Prasad, GP-14
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 12-01-2026 Heard Mr. Sanjeev Kumar Mishra, learned counsel
for the petitioner and the State.
2. The present petition has been preferred for the
following relief/s:
(i) for directing the respondents particularly
respondent Circle Officer to direct for
passing order for resumption of agricultural
land of the petitioner by the mortgager
(Private Respondent) against the loan taken
by petitioner from private respondent and his
father in which no action was taken by the
Patna High Court CWJC No.19619 of 2016(3) dt.12-01-2026
2/2
official respondent even after sending notice
u/s 12 of the Bihar Money Lenders Act, 1974
under form ML.-4 by registered post.
3. A counter affidavit has come on behalf of the
respondent nos. 02 to 05 duly signed by the Circle Officer,
Sampatchak, Patna and the learned State counsel has taken this
Court to Annexure-A, the order dated 26.08.2021 passed by the
Additional Collector, Patna in Jamabandi Cancellation Case
No.34 of 2017-18 (Surendra Rai vs. the State of Bihar &
Ors.) in which the concerned authority was pleased to cancel
the Jamabandi of the opposite party (petitioner herein).
4. An order has been passed by the Additional
Collector, Patna, the petitioner, if so want, can agitate the matter
/take the same before an appropriate superior authority.
5. So far as the prayer is concerned, in view of the
aforesaid order that has come, no relief can be extended to him.
6. With the aforesaid observation, the writ petition is
disposed of.
(Rajiv Roy, J)
Ravi/-
U
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