Patna High Court
Prabhunath SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PURNENDU SINGH
Holding
The order dated 27‑09‑2025 cancelling Jamabandi No. 876 is set aside and quashed.
Summary
The petitioner, Prabhunath Singh, filed a writ petition seeking to quash the order dated 27‑09‑2025 passed by the Additional Collector, Saran, which cancelled his long‑standing Jamabandi No. 876 relating to two parcels of land inherited from his father and grandfather. The petitioner claimed title based on a 1938 Patta, subsequent returns, and a 1961 Gift Deed, arguing that the cancellation violated the Bihar Land Mutation Act, 2011, the Bihar Land Mutation Rules, 2012, Government Resolution No. 925 (2014), and Article 300A of the Constitution. The State contended that the Patta’s genuineness was doubtful and that the cancellation was lawful. The Court examined the statutory framework, held that the cancellation could not be effected without a civil suit to determine title, and that the order was beyond the authority of the revenue officer. Consequently, the Court set aside and quashed the impugned order and allowed the petition.
Issues considered
- The legality of the Additional Collector’s order cancelling Jamabandi No. 876 under the Bihar Land Mutation Act, 2011 and related rules
- Whether the petitioner’s title can be challenged by a revenue officer or must be adjudicated by a civil court
- Whether the cancellation infringes the petitioner’s constitutional right to property under Article 300A
Legislation cited
- Bihar Land Mutation Act, 2011 — s. 9(i)
- Bihar Land Reforms Act, 1950 — s. 7(a), 7(b)
- Constitution of India — s. Article 300A
Subjects
- Jamabandi cancellation
- Land mutation
- Title dispute
- Constitutional property right
- Writ petition
- Quashing order
- Bihar land law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.20909 of 2025
======================================================
Prabhunath Singh Son of Late Mahendra Singh, resident of village -Kaituka
Lachhi, P.O.- Kaituka Lachhi, P.S.- Amnaur, Anchal- Maker, District- Saran at
Chapra- 841460.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar, Main
Secretariat, Patna.
2. The Additional Chief Secretary, Department of Revenue and Land Reforms,
Government of Bihar, Patna.
3. The Divisional Commissioner, Saran Division, Chapra.
4. The Collector-cum-District Magistrate, Saran at Chapra.
5. The Additional Collector, Saran at Chapra.
6. The Sub-Divisional Officer, Chapra Sadar, Saran.
7. The Deputy Collector Land Reforms, Chapra Sadar, Saran.
8. The Circle Officer, Maker, Saran.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Jeetendra Narayan, Advocate
For the Respondent/s : AC to Standing Counsel (08)
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 12-01-2026 Heard Mr. Jeetendra Narayan, learned counsel
appearing on behalf of the petitioner and learned AC to Standing
Counsel (08) for the State.
2. The petitioner in paragraph no. 1 of the present
writ petition has sought inter alia the following relief(s), which
is reproduced hereinafter:-
“1. That this is an application for issuance of
appropriate writ(s), order(s), direction(s) for
quashing the Order dated 27.09.2025 passed in
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Jamabandi Cancellation Case No. 313 of 2025-
24 (State through Circle Officer, Maker Versus
Prabhunath Singh) by the Additional Collector,
Saran at Chapra (Respondent No. 5) [Annexure-
P-15] whereby and where under the said
respondent cancelled the long standing
Jamabandi No. 876 of the petitioner which is
running in the name of his father namely
Mahendra Singh son of Anant Singh relating to
subject land pertaining in Khata No. 583,
Khesra No. 26, admeasuring in Area of 01
Bigha, 06 Katha 18 dhur and Khesra No. 10
admeasuring in Area of 8 Bigha 01 Katha 12
Dhur situated under Revenue Mauza Kaituka
Lachhi, Thana No. 240 in Revenue Circle, Maker
in the District of Saran, the order of the
respondent no. 5 is beyond the mandate of
Hon'ble Court passed in a cases of Ramanandan
Singh Vs. The State of Bihar, Jagarnath Jha Vs.
the State of Bihar, Nathuni Singh and others Vs.
the State of Bihar and others, Bhola Das Vs.
State of Bihar, Ramnaresh Roy and others Vs.
The State of Bihar and others and Ramowatar
Lakhotia Vs. The State of Bihar and others as
well as resolution of Department of Revenue and
Land Reforms, Government of Bihar captioned
in Memo No. 925 dated 11.11.2014: and any
other writ(s), order(s), direction(s) to which the
petitioners which may deem just proper and
necessary in view of the facts and circumstances
discussed herein under.”
3. Brief facts of the case are that the land in question
was originally recorded in the Revisional Survey Khatiyan as
Gairmazarua Malikan and Jarpesgidaran land under the ex-
landlords, namely Kamlapati Banarji and others, Darmiyani
Hakdar Sammilat, comprising R.S. Plot No. 10 measuring 8
Bigha 01 Katha 12 Dhur and R.S. Plot No. 26 measuring 01
Bigha 06 Katha 18 Dhur, both under Khata No. 543, the nature
of land being recorded as Partikadin. The said land was
subsequently settled by the ex-landlords of Amnaur Estate,
namely Babu Har Madho Prasad Singh and Babu Beni Madho
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Prasad Singh, by way of Patta in the year 1938 (1346 Fasli) in
favour of the petitioner’s grandfather, Late Bachu Narayan
Singh, along with Mahender Singh, after due verification of
possession, pursuant whereto the settlee remained in peaceful,
continuous and uninterrupted possession, paid lagan to the ex-
landlords, acquired the status of a raiyat, and Jamabandi No.
876 was opened in his name in the sirista of the ex-landlords,
from whom the petitioner claims succession and lawful title.
Learned counsel appearing on behalf of the petitioner submitted
that the entire land in question was settled by Ex-landlord by
way of Patta in favour of Grand father of the petitioner namely
Late Bachu Narayan Singh and father of the petitioner namely
Late Mahendra Singh in the year 1938 (1346 Fasli) after vesting
of Zamindari, Jamabandi No.876 which was opened in the name
of Ex-landlords and returns were filed by surviving legal heirs
of Late Bachu Narayan Singh and Late Mahendra Singh. The
petitioner is the descendant of Late Mahendra Singh and the
Jamabandi is still in the name of the father (Late Mahendra
Singh) of the petitioner. Learned counsel submitted that in
support of the possession of the said land he has brought on
record the Gift Deed No.12436 (Annexure-P-7) dated
07.10.1961 in the name of the Governor of Bihar and
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subsequent to that the petitioner had also filed CWJC No.8813
of 2025 before this Court for stopping the construction of
Panchayat Sarkar Bhawan alleging that the Circle Officer,
Maker, Saran has illegally given ‘No Objection Certificate’ for
construction of the said Panchayat Sarkar Bhawan under the
some portion of the said piece of land.
4. Mr. Jeetendra Narayan, learned counsel for the
petitioner, in the above background, submitted that the
Impugned Order dated 27.09.2025, passed by the Additional
Collector, Saran, Chapra, on the basis of recommendation of
Circle Officer, Maker, Saran, is against the provision of
Government Resolution No.925 dated 11.11.2014 and for that
reason the petitioner is the rightful owner of the said piece of
land, having been devolved after the death of his father Late
Mahendar Singh and dispossessing the petitioner from the said
piece of land will amount to violation of Article 300(A) of
Constitution of India. The action of Additional Collector is also
against the Rule 13(11) and Rule 13(12) of the Bihar Land
Mutation Rules, 2012 and Section 9(i) of Bihar Land Mutation
Act, 2011.
5. Per contra, learned counsel appearing on behalf of
the State submitted that reasons have been assigned by the
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Additional Collector that the genuity of Patta is suspicious and
there is no illegality in canceling the Jamabandi of the petitioner
on the basis of the said Patta as the petitioner has not been able
to establish his position as intermediary being the occupancy
Raiyat.
6. Heard the parties.
7. The Bihar Land Mutation Act, 2011 was enacted to
make the mutation concomitant with the needs of present time.
The act provides for the mutation of all the revenue
records/Jamabandi by the owner acquired or have acquired in
the interest of the property before or after the year 2011.
8. It is the case of the petitioner that the said land is
fallen land within the campus of the petitioner’s dwelling house,
however, nowhere this information is contained in the present
writ petition. The Bihar Land Reforms Act, 1950 gives power to
the State Government under Section 7(a) and 7(b) in respect of
Gair Majarua Malik, while declaring it to be government land
and to give due regard for settlement to the intermediary by way
of Hukumnama by the Ex-landlord. The petitioner has brought
on record the Hukumnama by way of Annexure-1 to the present
writ petition and return filed by the Ex-Zamindar by way of
Annexure-P-2 in respect of the said piece of land, which
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contains the name of the petitioner’s father and his grandfather.
Otherwise also, the title of the petitioner can only be questioned
by filing Title Suit before the competent Civil Court. The
petitioner has given the details of his Jamabandi and holding
details, which is in accordance with the provisions of the Bihar
Land Mutation Act, 2011 and the entries made therein cannot be
washed away merely on the ground that the Hukumnama is on a
plane piece of paper without giving regard to the return filed by
the Ex-Zamindar, which remains the disputed question of facts,
needs to be established in accordance with law by the competent
Civil Court having jurisdiction.
9. In the above background, the order contained in
order dated 27.09.2025 passed in Jamabandi Cancellation Case
No.313 of 2025-24 (State through Circle Officer, Maker Versus
Prabhunath Singh) by Additional Collector, Saran, Chapra
(Respondent no.5) is hereby set-aside and quashed.
10. Accordingly, the present application is allowed.
(Purnendu Singh, J)
Ashishsingh/-
U
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