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Patna High Court

Prabhunath SinghversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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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