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Patna High Court

Shamshul Hoda AnsariversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
                 ======================================================
           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
Patna High Court CWJC No.2265 of 2026(2) dt.12-02-2026
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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
Patna High Court CWJC No.2265 of 2026(2) dt.12-02-2026
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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
           Patna High Court CWJC No.2265 of 2026(2) dt.12-02-2026
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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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