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Patna High Court

Smt. Sumitra DeviversusThe State Of Bihar and Ors

Decided
Disposal
DISPOSED

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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