Created by Fuzzy Cloud

Patna High Court

Sunil KewatversusThe State Of Bihar and Ors

Decided
Disposal
DISPOSED

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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.