Patna High Court
M/s Priyadarshi Resort and Hotel LtdversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PURNENDU SINGH
Holding
Under Section 9(6) of the Bihar Land Mutation Act, 2011, the District Magistrate must promptly pass a reasoned order on the pending Jamabandi Cancellation Appeal.
Summary
The petitioners, Priyadarshi Resort and Hotel Ltd, challenged the cancellation of their Jamabandi (land record) by the Additional Collector on 4 March 2025, which directed the land be re‑recorded in the names of Helios Finance and Helios Corporation. They filed an appeal before the Bihar Land Tribunal, which directed them to approach the District Magistrate, and subsequently lodged a Jamabandi Cancellation Appeal before the District Magistrate on 30 June 2025, which remained pending. The petition sought disposal of the appeal, a stay of the cancellation order, and other reliefs. The High Court observed that sub‑section (6) of Section 9 of the Bihar Land Mutation Act, 2011 provides an efficacious remedy and that an unduly long delay in deciding the appeal is unwarranted. Accordingly, the Court directed the District Magistrate to promptly pass a reasoned order after hearing all parties. The writ petition was disposed of.
Issues considered
- Whether the District Magistrate should be directed to pass a reasoned order on the pending Jamabandi Cancellation Appeal under Section 9(6) of the Bihar Land Mutation Act, 2011.
- Whether the order of the Additional Collector dated 04.03.2025 cancelling the Jamabandi can be stayed pending disposal of the appeal.
Legislation cited
- Bihar Land Mutation Act, 2011 — s. 9(6)
Subjects
- Jamabandi
- Land mutation
- Appeal
- Stay order
- District Magistrate
- Bihar Land Mutation Act
- Property rights
- Civil writ jurisdiction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2239 of 2026
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M/s Priyadarshi Resort and Hotel Ltd through its Director, Manish
Priyadarshi, Male, aged about 46 years, son of Shri Krishna Bihari Prasad
Sinha, resident of Mohalla Vishwesharaiya Nagar, Flat No. 11, Bailey Road,
P.S. Rupaspur, District- Patna.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of Revenue
and Land Reforms, Government of Bihar, Patna.
2. The Collector, Patna.
3. The Additional Collector, Patna.
4. The Circle Officer, Danapur, Patna.
5. M/s Helios Finance and Investment Ltd, a Public Limited Company, along
with other group Company Helios Corporation Limited, both having its
registered office at Helios Bhawan, Station Road, P.S. - Kotwali, District and
Town, Patna, present Corporate Office, 3rd Floor, Maharani Complex
(Above Union Bank), Anishabad Bypass Road, Patna - 800002, through its
Authorized Signatory, namely Mr. Sohail Khan, Son of Late Mokhtar Khan,
resident of Flat No. 303, Maharani Complex, Anshabad, P.S. Gardanibagh,
District- Patna.
6. Lalita Sinha, Wife of Shri Jai Pati Sinha, resident of House No. 106,
Anandpuri, Boring Canal Road, P.S. Shri Krishnapuri, District and Town,
Patna.
7. Mamta Devi, Wife of Binay Kumar Mantu @ Mantu Mukhiya, resident of
Anand Bazar Cant, P.O. Danapur, P.S. Danapur, District Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Satish Kumar Sinha, Advocate
For the Respondent/s : Ms. Anuradha Singh, SC 21
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 12-02-2026 Heard Mr. Satish Kumar Sinha, learned counsel
appearing on behalf of the petitioner and Ms. Anuradha Singh,
learned SC 21 for the State.
2. Petitioner has inter alia prayed for following reliefs
in the paragraphs No.1 of the writ petition:-
Patna High Court CWJC No.2239 of 2026(2) dt.12-02-2026
2/3
“(I) To dispose of the Jamabandi Cancellation
Appeal No.38/2025-26, pending before the Collector, Patna
filed by the petitioner, against the order dated 04.03.2025,
passed in Jamabandi Cancellation Case No.13/2024-25, by
Additional Collector, Patna, by which Jamabandi No.1557,
partly, with respect to land bearing Khata No.109, C.S. Plot
No.103, Area – 18 katha 4 dhur, situated in
Mauza:Babakkarpur, P.S. Phulwari Sharif, present P.S.
Danapur, District: Patna, standing in the name of
Priyadarshi Resorts and Hotels Ltd., since 2014-15, has
been cancelled with a direction to Circle Officer, Danapur,
to create jamabandi in the name of Helios Finance and
Investment Ltd. and Helios Corporation Ltd and issue
lagan receipt in their favour.
(ii) To stay the operation of order dated
04.03.2025, passed in Jamabandi Cancellation Case
No.13/2024-25, by Additional Collector, Patna, till the
disposal of Jamabandi Cancellation Appeal No.38/2025-23,
pending before the Collector, Patna.
(B) Any other relief/s for which the petitioner is
found entitled to.”
3. Learned counsel appearing on behalf of the
petitioner submitted that in compliance of the order passed by
the Additional Collector, Patna dated 04.03.2025, the petitioner
had immediately filed Appeal within time before Bihar Land
Tribunal Patna and the same was disposed of vide order dated
23.06.2025 passed in B.L.T. Case No.731 of 2025, directing the
petitioner to file appeal before the District Magistrate concerned
against the order dated 04.03.2025 passed by the Additional
Collector, Patna. Thereafter, the petitioner has filed the
Jamabandi Cancellation Appeal No.38/2025-26 before the
District Magistrate, Patna on 30.06.2025 but till date the same is
pending.
Patna High Court CWJC No.2239 of 2026(2) dt.12-02-2026
3/3
4. Considering the aforesaid information given on
behalf of the petitioner, I find that the provision of sub-
section(6) of Section 9 of Bihar Land Mutation Act, 2011 is
efficacious remedy, keeping pending the application of the
petitioner for a long period is unwarranted. The District
Magistrate is, therefore, directed to forthwith proceed to pass a
reasoned order in accordance with law after giving due
opportunity of hearing to the petitioner and all the affected
parties.
5. The writ petition is, accordingly, disposed of.
(Purnendu Singh, J)
Sanjay/-
U
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