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Patna High Court

Surendra SinghversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The High Court declined to entertain the writ petition and disposed of it, granting the petitioners liberty to challenge the final order in a separate proceeding.

Summary

The petitioners, three landowners from Begusarai, filed a writ petition in the Patna High Court seeking a certiorari to quash the cancellation of their jamabandi (land record) and a mandamus to restrain the respondents from interfering with their possession. The cancellation proceeding (Jamabandi Cancellation case no.307/2025-26) had been initiated against their land of 2 bigha 2 katha 02 dhur. During the pendency of the writ petition, the revenue authorities passed a final order confirming the cancellation. The petitioners' counsel requested liberty to challenge that final order in a separate proceeding. Justice Rajiv Roy granted the liberty to contest the final order and consequently disposed of the writ petition without granting the reliefs sought.

Issues considered

  • Whether a writ petition for certiorari and mandamus is maintainable after the revenue authority has passed a final order in the cancellation proceeding
  • Whether the High Court can quash the cancellation proceeding and restrain the respondents from interfering with possession

Subjects

  • land reform
  • jamabandi
  • certiorari
  • mandamus
  • property rights
  • civil writ jurisdiction
  • revenue law

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.1973 of 2026
                 ======================================================
           1.     Surendra Singh S/o Late Baleshwar Singh Resident of Village- Manjhaul,
                  P.S. and Anchal- Cheriya Bariyarpur, District- Begusarai.
           2.    Ram Sunder Singh @ Ram Sundar Singh, S/o Mahendra Singh Resident of
                 Village- Manjhaul, P.S. and Anchal- Cheriya Bariyarpur, District- Begusarai.
           3.    Anil Kumar Singh, S/o Mahendra Singh Resident of Village- Manjhaul, P.S.
                 and Anchal- Cheriya Bariyarpur, District- Begusarai.

                                                                           ... ... Petitioner/s
                                                   Versus
           1.    The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
           2.    The Additional Chief Secretary, Department of Revenue and Land Reforms,
                 Government of Bihar, Patna.
           3.    The District Magistrate, Begusarai.
           4.    The Additional Collector, Begusarai.
           5.    The Circle Officer, Cheria Bariarpur, District- Begusarai.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Shakti Suman Kumar, Adv.
                 For the Respondent/s     :         Mr. Kamlesh Kishore, AC to SC-12
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   09-02-2026                   Heard Mr. Shakti Suman Kumar, learned counsel for the

                   petitioner and the State.

                               2. The present application has been preferred for the

                   following relief(s):

                                                        (i) For issuance of an appropriate
                                              writ in the nature of certiorari for quashing of
                                              entire proceeding of Jamabandi Cancellation
                                              case no.307/2025-26 including the notice dated
                                              05/01/2026 whereby and where under the
                                              proceeding has been initiated for cancellation of
                                              jamabandi no.715 running in the name of the
                                              petitioners in respect of their land appertaining
           Patna High Court CWJC No.1973 of 2026(2) dt.09-02-2026
                                                       2/2




                                            to khata no.2490, khesra no.8074, 8075 and
                                            7995 having total area of 2 bigha 2 katha and 02
                                            dhur sitauted in mauza Manjhol, Thana no.191.
                                            Circle     office       Cheria   Bariarpur,     District
                                            Begusarai.
                                                         (ii) For issuance of an appropriate
                                            writ in the nature of Mandamus restraining the
                                            respondents from interfering with the peaceful
                                            possession of the petitioners over the land
                                            appertaining to khata no.2490, khesra no.8074,
                                            7995 situated in mauza Manjhol, Thana no. 191,
                                            Circle     office       Cheria   Bariarpur,     District
                                            Begusarai during the pendency of the present
                                            writ application.
                                                         (iii)       Any     other        writ/writs,
                                            order/orders or direction/directions as the facts
                                            and circumstances of the case may require and
                                            deemed fit by this Hon'ble Court may also be
                                            issued.
                                 3.    It has been informed by learned counsel for the

                     petitioner that during the pendency of the petition, the final order has

                     been passed and as such, he may be granted liberty to challenge the

                     same.

                                 4. Granting said liberty, the writ petition is disposed of.



                                                   (Rajiv Roy, J)
Vijay Singh/-

U


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