Patna High Court
Shamshul Hoda AnsariversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PURNENDU SINGH
Holding
The Court held that the petitioners, being declared raiyats under Section 48(E) of the Bihar Tenancy Act, are entitled to protection against arbitrary cancellation of mutation, and the proceeding must be dealt with in accordance with the statutory provisions and the applicable government resolution.
Summary
The petitioners, originally Bataidars, were declared raiyats under Section 48(E) of the Bihar Tenancy Act and obtained Jamabandi in their names. The State initiated a cancellation of mutation proceeding to acquire the land for a police station, issuing a notice without, the petitioners allege, proper verification of their land records. The petitioners filed a writ petition seeking a stay of the cancellation, a show‑cause order, and declaration of their title. The Court examined the statutory provisions, noting that the petitioners had been recognized as raiyats and were in continuous peaceful possession. It directed the Additional Collector to pass an order in line with Resolution No. 925 and the State Government’s clarifications, confirming the raiyat status of the land. Consequently, the writ petition was disposed of.
Issues considered
- What is the legal effect of the petitioners' declaration as raiyats under Section 48(E) of the Bihar Tenancy Act on the proposed cancellation of mutation?
- Whether the authorities can initiate cancellation of mutation without verifying the petitioners' land records and Jamabandi?
- Whether the petitioners are entitled to relief under the writ jurisdiction to restrain the cancellation proceeding.
Legislation cited
- Bihar Tenancy Act — s. 48(D), 48(E)
Subjects
- mutation cancellation
- jamabandi
- raiyat
- bataidari
- Bihar Tenancy Act
- land revenue
- writ petition
- civil writ jurisdiction
- land acquisition
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2265 of 2026
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1. Shamshul Hoda Ansari Son of Late Alauddin Ansari, Resident of Village-
Jalwa Toli, P.O.- Huseni P.S.- Dunariyaghat, District- East Champaran.
2. Javaud Ansari, Son of Late Akhtar Ali, Resident of Village- Jalwa Toli, P.O.-
Huseni P.S.- Dunariyaghat, District- East Champaran.
3. Umar Miyan @ Umar Ali Son of late Gafar Miyan, Resident of Village-
Jalwa Toli, P.O.- Huseni P.S.- Dunariyaghat, District- East Champaran.
4. Pradip Kumar Giri, Son of Yogendra Giri, Resident of Village- Jalwa Toli,
P.O.- Huseni P.S.- Dunariyaghat, District- East Champaran.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of Land
Revenue, Government of Bihar, Patna.
2. The Principal Secretary, Department of Land Revenue, Government of
Bihar, Patna.
3. The Collector, East Champaran, Motihari.
4. The Additional Collector cum Additional District Magistrate, East
Champaran, Motihari.
5. The Deputy Collector (land) Reforms, Keshariya, East Champaran.
6. The Circle Officer, Keshariya, East Champaran, Motihari.
7. The Halka Karamchari, Panchayat Husseni, Circle- Keshariya, District- East
Champaran.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rajeev Ranjan, Advocate
For the Respondent/s : Mr. Subhash Pd. Singh, GA 3
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 12-02-2026 Heard Mr. Rajeev Ranjan, learned counsel
appearing on behalf of the petitioners and Mr. Subhash Pd.
Singh learned learned counsel for the State.
2. Petitioners have inter alia prayed for following
reliefs in the paragraphs No.1 of the writ petition:-
“(I) To issue a writ/writs, commanding and
Patna High Court CWJC No.2265 of 2026(2) dt.12-02-2026
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directing a respondent authority to withdraw jamabandi
canellation Case No.15/2025-26 pending before the Ld.
Additional Collector cum Additional District Magistrate,
East Champaran, Motihari.
(ii) To issue a show cause cum explanation from
respondent authorities why they initiate jamabandi
cancellation against the petitioners without verifying the
land records produced by the petitioners.
(iii) Any other relief or reliefs.”
3. The brief facts of the Case are that the
petitioners received a notice dated 05.01.2026 issued under the
signature of the Additional Collector-cum-Additional District
Magistrate, East Champaran at Motihari, dated 25.11.2025,
informing them that on the proposal of the Circle Officer,
Khesariya bearing Proposal No. 2/2025–26, a proceeding has
been initiated for cancellation of mutation with respect to land
bearing Khata No. 52, Kheshra Nos. 667, 2870 and 2872, Thana
No. 245, Mauza–Huseni. The families of the petitioners have
been Bataidars (sharecroppers) under the original raiyats,
namely Mahadev Singh and Maheshwar Singh, since the year
1950 in respect of the aforesaid land. In Bataidari Case Nos.
210, 219, 220, 232, 236, 245 and 246 of 1975–76, the learned
DCLR, East Champaran, Motihari, declared the petitioners as
Bataidars under Section 48(E) of the Bihar Tenancy Act by
order dated 07.08.1985. No appeal was preferred against the
said order by the original raiyats. Subsequently, upon an
application under Section 48(D) of the Bihar Tenancy Act read
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with the Rules, 1992, the Circle Officer, Khesariya, vide order
dated 21.03.2005, directed the petitioners to deposit 24 times the
land revenue. The petitioners deposited the said amount on
28.11.2005, and receipt was duly issued. Thereafter, the
petitioners were declared raiyats in respect of the said land.
After sometime when certain persons attempted to disturb the
peaceful possession of the petitioners over the aforesaid land,
the petitioners instituted Title Suit No. 349 of 2005 before the
learned Sub Judge, East Champaran, Motihari. The said suit was
decreed in favour of the petitioners vide judgment and order
dated 09.09.2013, and the decree was accordingly prepared.
That after being declared raiyats, Jamabandi was created in
favour of the petitioners, namely: Jamabandi No. 3967A in the
name of the father of petitioner nos. 1 and 2, Jamabandi No. 22
in the name of the father of petitioner no. 2, Jamabandi No.
3966A in the name of petitioner no. 3, and Jamabandi No.
4296A in the name of petitioner no. 4. The petitioners have been
regularly paying land revenue up to the year 2025–26. The
Government identified the petitioners’ land for construction of
Dumariyaghat Police Station, and an enquiry report was
prepared by the Circle Officer on 15.10.2025. Prior thereto, a
proposal bearing No. 2/2025–26 had already been prepared by
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the Circle Officer, Khesariya on 15.02.2025. And on the basis of
the said proposal, the Additional Collector-cum-Additional
District Magistrate, East Champaran, Motihari initiated Land
Cancellation Case No. 151/2025–26 on 21.11.2025 against the
petitioners for cancellation of mutation. The petitioners became
raiyats by virtue of the provisions of the Bihar Tenancy Act on
21.03.2005 and, since then the petitioners have been in
continuous, peaceful possession of the land. The impugned
proceeding for cancellation of mutation has been initiated on
flimsy and untenable grounds with an intention to disturb the
lawful possession and rights of the petitioners.
4. Considering the relief as prayed for in the present
writ petition, the Additional Collector, East Champaran,
Motihari is directed to consider to pass order expeditiously in
accordance with the direction contained in Resolution No.925
dated 11.11.2014 and the subsequent clarification made by the
State Government from time to time in view of the fact that the
petitioners have claimed that they are the title holder of the said
land, which upon analysis made by DCLR has been declared as
raiyati land. A reasoned order holding the land in question to be
a rayati land has been passed by the DCLR, East Champaran,
Motihari in Bataiyadar Case No.210,219,220,232,236,245 and
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246 of 1975-76 in exercise of power conferred under Section
48(E) of the Bihar Tenancy Act.
5. The writ petition is, accordingly, disposed of.
(Purnendu Singh, J)
Sanjay/-
U
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