Patna High Court
Kamlesh Kumar SahaversusThe State Of Bihar and Ors
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The Court did not cancel the Jamabandi but disposed the petition, directing the Circle Officer to provide the certified copy within six months and allowing the petitioner to raise any further grievance.
Summary
The petitioner, Kamlesh Kumar Saha, filed a writ petition seeking cancellation of a Jamabandi allegedly created in favour of respondents 5‑7 on the basis of a forged document, and also demanded a certified copy of the order effecting that Jamabandi. The State argued that the original file was missing but that steps were being taken to locate it, and submitted a supplementary counter‑affidavit showing that the land had been mutated in favour of the petitioner in recent mutation cases. The High Court accepted the State’s contention, noted the mutation entries, and directed the Circle Officer to hand over the certified copy of the order within six months if the file is located. The Court granted the petitioner liberty to raise any further grievance regarding the mutation and disposed of the writ petition. No order was made to cancel the Jamabandi.
Issues considered
- Whether the Jamabandi created in favour of respondents 5‑7 is void and can be cancelled on the ground of forgery.
- Whether the petitioner is entitled to a certified copy of the order when the original record is alleged to be missing.
Subjects
- Jamabandi
- land record
- mutation
- forged document
- certified copy
- civil writ petition
- property dispute
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2018 of 2016
======================================================
Kamlesh Kumar Saha Son of Late Ram Narain Sah resident of village -
Jagdishpur, P.S. Jagdishpur, District - Bhagalpur
... ... Petitioner/s
Versus
1. The State Of Bihar and Ors
2. The Collector, Bhagalpur
3. The Deputy Collector, Land Reforms, Bhagalpur
4. The Circle Officer, Jagdishpur Circle, Bhagalpur
5. Devendra Prasad Sah @ Shambhu Prasad Sah
6. Abhay Kumar Sah @ Tunna
7. Mukesh Kumar Sah All sons of Late Mohan Sah resident of village -
Jagdishpur, P.S. Jagdishpur, District - Bhagalpur Presently residing at Mirjan
Hat, Near Thakurbaru, P.S. Mojahidpur, District - Bhagalpur
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Manoj Kumar, Adv.
For the Respondent/s : Mr. Aditya Nath Jha, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
7 20-01-2026 Heard Mr. J.S. Arora, learned Senior Counsel for the
petitioner and Mr. Aditya Nath Jha, learned State Counsel.
2. The present application has been preferred for the
following relief(s):
i). For commanding the
respondent Circle Officer, Jagdishpur,
Bhagalpur to cancel the Jamabandi created
wrongly in favour of the respondent no. 5 to
7 with regard to the property in question
relying on a forged and fabricated document
in collusion and connivance with the Circle
Officer concerned.
Patna High Court CWJC No.2018 of 2016(7) dt.20-01-2026
2/3
ii). Also alternatively for
commanding the Circle Officer concerned to
supply the certified copy of the order
whereby the Jamabandi in question was
created in favour of private respondent
which is not being supplied to the petitioner
on pretext that record in connection with
Jamabandi is missing.
iii). Also for any other appropriate
relief(s) to which the petitioner is found
entitled either in the eye of law or in the facts
and circumstances of the case.
3. It is unfortunate that the litigant has to move before
Patna High Court for getting a certified copy of the order. The
stand of the State is that despite best of search, it was missing
and appropriate steps have been taken not only to retrieve the
file but also to fix the responsibility. No sooner the file is traced
out, the certified copy shall be handed over to the petitioner.
4. This Court accepts the contention put forward by
learned counsel for the State. The supplementary counter
affidavit of the respondent nos. 2 to 4 duly signed by the Circle
Officer, Jagdishpur, Bhagalpur shows that they have taken step
and the property at Mauja-Bhawanipur Desri and Jagdishpur
have been mutated in favour of the petitioner vide Mutation
Case No. 825/2020-21 and Mutation Case No. 72117/2021-22
Patna High Court CWJC No.2018 of 2016(7) dt.20-01-2026
3/3
(Annexure-R/B and R/C) to the supplementary counter affidavit.
5. Copies have been served upon the office of the
learned Senior Counsel.
6. In that background, liberty is granted to the
petitioner to agitate if still he has grievances, so far as the
mutation part is concerned and directing the Circle Officer,
Jagdishpur, Bhagalpur to ensure that once the search is over and
file is traced out, the certified copy is handed over to the
petitioner preferably within a period of six months, if possible.
7. The writ petition stands disposed of.
(Rajiv Roy, J)
Vijay Singh/-
U
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