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Patna High Court

Devki SinghversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The order of the Additional Collector cancelling Jamabandi No. 75 is quashed as the revenue authority lacks jurisdiction to determine title.

Summary

The petitioners, four brothers, claimed ownership of land purchased in 1929 and held a Jamabandi since 1957, which was mutated to their names in 1985. In 2025 a private respondent filed a Jamabandi cancellation case, and the Additional Collector cancelled the Jamabandi, relying on a 1931 deed. The petitioners filed a writ seeking quashing of that order, restoration of the Jamabandi, and a mandamus against the revenue authorities. The court held that revenue officials lack jurisdiction to determine title and that the cancellation order was passed without proper verification of documents. Consequently, the order dated 29‑12‑2025 was set aside and quashed. The court directed the Collector to form a three‑member committee to conduct a proper inquiry and pass a reasoned order, and disposed of the writ petition.

Issues considered

  • Whether the Additional Collector has jurisdiction to cancel a Jamabandi and decide the title of the land.
  • Whether the order dated 29‑12‑2025 cancelling the Jamabandi can be set aside on the ground of jurisdictional error.
  • Whether a mandamus directing restoration of the Jamabandi and restraining the revenue authorities is appropriate.

Subjects

  • Jamabandi
  • Mutation
  • Revenue authority jurisdiction
  • Land title
  • Mandamus
  • Certiorari
  • Civil writ jurisdiction
  • Bihar

Judgment

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.2008 of 2026
     ======================================================
1.    Devki Singh son of Late Hargovind Ahir, resident of K.G. Road, Ara, P.S.-
      Ara, Nawada, District-Bhojpur, Bihar.
2.   Ayodhya Singh son of Late Hargovind Ahir, resident of K.G. Road, Ara,
     P.S.-Ara, Nawada, District-Bhojpur, Bihar.
3.   Bhagwati Singh son of Late Hargovind Ahir, resident of K.G. Road, Ara,
     P.S.-Ara, Nawada, District-Bhojpur, Bihar.
4.   Rajendra Singh son of Late Hargovind Ahir, resident of K.G. Road, Ara,
     P.S.-Ara, Nawada, District-Bhojpur, Bihar.

                                                              ... ... Petitioner/s

                                      Versus
1.   The State of Bihar through Additional Chief Secretary, Revenue and Land
     Reforms Department, Government of Bihar.
2.   The Additional Chief Secretary, Revenue and Land Reforms Department,
     Government of Bihar.
3.   The Collector, Bhojpur at Ara, Bihar.
4.   The Additional Collector, Bhojpur at Ara, Bihar.
5.   The Circle Officer, Ara, Bihar.
6.   Ashim Sundar Das son of Late Ajit Sundra Das, permanent resident of
     Mohalla - Mahajan Toli No. 1, Arrah, P.S. Arrah Town, District - Bhojpur.

                                                            ... ... Respondent/s

     ======================================================
     Appearance :

     For the Petitioner/s   :      Mr.Bimal Kumar, Advocate
     For the Respondent/s   :      Mr.Gautam Kumar Yadav, AC to GP(26)
     For the Resp. No.6     :      Mr.Chandrakant, Advocate
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH

                                ORAL JUDGMENT

      Date : 09-02-2026
                Heard Mr. Bimal Kumar, learned counsel appearing

      on behalf of the petitioners; Mr. Gautam Kumar Yadav, learned

      AC to GP(26) for the State and Mr. Chandrakant, learned

      counsel for the respondent no.6.
Patna High Court CWJC No.2008 of 2026 dt.09-02-2026
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                     2. The petitioners in paragraph no. 1 of the present

         writ petition have sought, inter alia, the following relief(s),

         which is reproduced hereinafter:-

                                              “(i) To issue an appropriate order/direction
                                 in the nature of certiorari for quashing the order dated
                                 29.12.2025 passed by the Learned Additional Collector,
                                 Bhojpur at Ara in Mutation Cancellation Case No.-
                                 25/2025-26 by which the mutation created in favour of
                                 the petitioners bearing Jamabandi no. 75 against Old
                                 Khata No. 05, Old Khesra No. 26, 27 & 28 has been
                                 cancelled (Annexure-P/10, Pg.-66).
                                              (ii) To issue an appropriate order/direction
                                 in the nature of mandamus commanding the respondent
                                 authorities to restore the Jamabandi no. 75 in favour of
                                 the writ petitioners in the rent records of the lands
                                 bearing Old Khata No. 05, Old Khesra No. 26, 27 & 28.
                                              (iii) To issue an appropriate order/direction
                                 in the nature of mandamus commanding the respondent
                                 authorities not to give effect the order dated 29.12.2025
                                 or to create any third party right in favour of the private
                                 respondent no. 6.
                                              (iv) To issue any other relief for which the
                                 petitioners are entitled for.”



                     3. Brief facts of the case are that the land bearing Old

         Khata No. 5, Old Khesra Nos. 26 (5 decimals), 27 (45 decimals)

         and 28 (24.5 decimals) situated at Mauza–Nawada, Town–Arrah

         was purchased by Late Hargovind Ahir, father of the writ

         petitioners, from the recorded raiyat Indradev Pathak by a

         registered sale deed dated 23.08.1929 (Deed No. 5691),

         preceded by payment of consideration through Mahadanamas

         dated 03.07.1922, 12.09.1924 and 21.06.1927. After purchase of

         the said land, Late Hargovind Ahir remained in peaceful,
Patna High Court CWJC No.2008 of 2026 dt.09-02-2026
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         uninterrupted possession, duly recognized by the revenue

         authorities. Rent receipts were issued from 1929 onwards and

         Jamabandi No. 75 stood in his name since 1957. After his death

         in 1982, the Jamabandi was mutated in the year 1985 in favour

         of his four sons bearing Jamabandi No. 75/5, and rent receipts

         have continuously been issued in their favour till 2025. In 2025–

         26, private respondent No. 6, Bibhuti Kumar Jain, filed

         Jamabandi Cancellation Case No. 25/2025–26 claiming title

         through alleged transfers originating from Bindeshwari Pathak.

         The petitioners contested the claim, relying on the 1929 sale

         deed, registry index entries, rent receipts, possession certificate

         dated 03.07.2025, and judgment passed Title Suit No. 253/1929,

         wherein, it was held that one Bindeshwari Pathak had no right

         or locus to sell the land. Despite the long-standing Jamabandi

         and ignoring the above evdience and judgment of the competent

         Court, ADM, Ara on his own determined the title of the private

         respondent no.06 by order dated 29.12.2025 and cancelled

         Jamabandi No. 75, relying inter alia on a 1931 sale deed and

         certain municipal/rent records. The petitioners claim that the

         Additional Collector has committed the jurisdictional error by

         cancelling a decades-old Jamabandi in summary proceedings

         and the pendency of Cr. WJC No. 2127 of 2025 on identical
Patna High Court CWJC No.2008 of 2026 dt.09-02-2026
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         facts hence the present writ petition.

                     4. Learned counsel appearing on behalf of petitioners

         submitted that primarily the dispute between the petitioners and

         private respondent no.6 is appertaining to Jamabandi No.75

         bearing Old Khata No.05, Old Khesra No.26, 27 and 28 and the

         petitioners have brought on record several land receipts issued

         in their favour and one sale deed dated 23.08.1929 (Annexure –

         P/7) in support of their relief as prayed for in the present writ

         petition.

                     5. Per contra, learned counsel appearing on behalf of

         the respondent no.6 gives information that the said Jamabandi

         no.75 is in the name of one Ashim Sundar Das and the private

         respondent no.6 is the one who is in possession of Khata No.05,

         Khesra No.26, 27 and 28 and on the basis of possession the

         Circle Officer concerned has correctly recommended for

         cancellation of Jamabandi and there is no infirmity in the order

         dated 29.12.2025 passed by the Additional Collector, Bhojpur

         calling for no interference of this Court.

                     6. Heard the parties.

                     7. Considering the nature of dispute and the manner in

         which the Circle Officers in Bihar from time to time in exercise

         of their jurisdiction has created frivolous cases by putting one
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         person in advantageous position and other to face the

         consequences of their illegal act. Present is the case where the

         petitioners claim to be in possession of the land, which has been

         disputed by the respondent no.6. The land has been described in

         above paragraphs of this writ petition. The Circle Officer in a

         very arbitrary and malafide manner has cancelled the Jamabandi

         standing in the name of the petitioners who also claim to be the

         owners. The record reveals that the respondent no.6 has filed

         application before the Circle Officer has admitted in his

         application that he was not in possession of the land.

                     8. It is well settled that the Revenue authorities have

         no power or jurisdiction to decide the complicated question of

         title and possession. The Hon’ble Supreme Court in the case of

         Faqruddin v. Tajuddin, reported in, (2008) 8 SCC 12, in para

         no. 44 and 45, held as under:

                                      44. The jurisdiction of the Board of Revenue
                         being limited, no title could have been conferred upon the
                         plaintiff. Title in or over a land will depend upon the
                         statutory provisions. A title does not remain in vacuum. It
                         has to be determined keeping in view the law operating in
                         the field viz. religious law or statutory law or customary
                         law, etc.
                                      45. Revenue authorities of the State are
                         concerned with revenue. Mutation takes place only for
                         certain purposes. The statutory rules must be held to be
                         operating in a limited sense. The provisions of Rule 13 of
                         the Matmi Rules laying down a rule of primogeniture will
                         have no application in relation to the offices of
                         sajjadanashin and mutawalli, which are offices of different
                         nature. They are stricto sensu not hereditary in nature. It is
                         well settled that an entry in the revenue records is not a
                         document of title. Revenue authorities cannot decide a
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                                      question of title.

                                  9. Considering the facts of the case as well as, the law

                      laid down by the Apex Court in case of Faqruddin (Supra), I

                      find that based on certain documents without verifying its

                      genuity, the revenue authority has proceeded to decide the title

                      of the parties and as such the order dated 29.12.2025 passed by

                      the Additional Collector, Bhojpur is hereby set-aside and

                      quashed.

                                  10. The Collector, Bhojpur is directed to constitute a

                      three-member committee of officials not below the rank of

                      Additional Collector and based on the inquiry report, verify, as

                      to whether, any other person also claim their interest with the

                      original land holders in respect of the land in question and after

                      providing opportunity to both the parties pass a reasoned order

                      in accordance with law.

                                  11. Accordingly, the present writ application stands

                      disposed of.




                                                 (Purnendu Singh, J)
Ashishsingh/-
AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          17.02.2026
Transmission Date       NA


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