Patna High Court
Smt. Sumitra DeviversusThe State Of Bihar and Ors
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
A writ petition filed solely on the basis of presumption to prevent the creation of a Jamabandi is not maintainable; the petitioner must oppose the entry before the revenue authority when the actual situation arises.
Summary
The petition was filed by Sumitra Devi seeking a direction that the State authorities not create a Jamabandi in the names of respondents No.6 to 8 concerning certain lands. The petitioner relied solely on a presumption that such entries would be made and sought a pre‑emptive writ. The State counsel argued that the petition was maintainable only on presumption and that any opposition should be made before the revenue authority when the actual situation arises. The Court agreed with the State counsel, holding that writ petitions based merely on conjecture are not maintainable and should be rejected. Consequently, the petition was disposed without granting any relief, with the Court directing the petitioner to raise objections at the appropriate stage before the revenue department.
Issues considered
- What is the appropriate basis for entertaining a writ petition seeking to restrain the creation of a Jamabandi?
- Can a writ petition be maintained solely on the ground of presumption without concrete facts?
Subjects
- Jamabandi
- Land revenue
- Writ petition
- Presumption
- Pre‑emptive injunction
- Civil writ jurisdiction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.22185 of 2018
======================================================
Smt. Sumitra Devi Wife of Shri Shiv Shambhu Prasad Singh, Resident of
Village-Purushottampur Painathi. Post Officer-Painathi, Police Station-BIhta,
District-Patna.
... ... Petitioner/s
Versus
1. The State Of Bihar
2. The Collector, Patna.
3. The Deputy Collector, Land Reforms, Danapur, District-Patna.
4. The Circle Officer, Bihta Distt.-Patna. null null
5. Binod Kumar GUpta Son of Late Shiv Prasad Sah No. 5 is Resident of
Village-Painathi, Post Office Painathi, Police Station Bihta, District-Patna at
Present resident of Harni Chak Colony, Jamuna Path, Post office-Anisabad,
Police Station-Beur, District-Patna.
6. Bharat Commercial Corporation, a Partnership Firm, through its Managing
Patner Manish Kumar.
7. Manish Kumar Son of Surendra Prasad Sinha
8. Rajan Kumar Son of Shubh Narayan Singh Nos. 6 to 8 are Resident of R Z,
22A, Gupta Market, Najafgarh, Delhi.
9. Savitri Devi Wife of Sri Binod Prasad No. 9 is Resident of Village-
Purshottampur Painathi, Post Officer-Painathi, Police Station-Bihta, District-
Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anup Kumar Pandey, Advocate
Mr. Sanjay Kumar, Advocate
For the Respondent/s : Mr. Dhurjati Kumar Prasad, GP-14
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 06-01-2026 Heard the parties.
2. The present petition has been preferred for the
following relief(s):
“for direction to the respondent
authorities not to create a Jamabandi in the names
of the respondent nos. 6 to 8 in regard to the lands
Patna High Court CWJC No.22185 of 2018(3) dt.06-01-2026
2/2
in question in the circumstances of the case.”
3. At the outset, learned State counsel submits that
only on the ground of presumption, the writ petition has been
filed. As and when the situation such arises, the petitioner will
have the liberty to oppose the prayer for creation of Jamabandi
before appropriate revenue authority.
4. The Court is in line with the submission put
forward by the learned State counsel. Only on presumption,
such writ petitions are filed which has to be deprecated.
5. Allowing the petitioner to agitate the matter as and
when the situation such arise, the writ petition stands disposed
of.
(Rajiv Roy, J)
Adnan/-
U
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