Patna High Court
Basudev YadavversusThe State of Bihar,
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The writ petition is disposed without granting the writs as the revenue authorities have already taken up the corrective action.
Summary
The petitioner Basudev Yadav filed a writ petition seeking a mandamus directing the correction of Jamabandi No.66, which erroneously records land in his father Muso Mahto’s name, and the issuance of rent receipts in his father’s name for land in Banka district. An interlocutory application was filed to incorporate the legal heirs of the deceased Hirday Mahto/Yadav, and the court allowed the addition of the heirs’ names. The respondents conducted an enquiry, discovered that a revenue clerk had interpolated the land record, and lodged an FIR leading to a criminal case. The petitioner argued that, with the enquiry completed, he should be allowed to appear before the revenue authorities; the respondents indicated they would follow the same route. Observing that the revenue authorities have already taken up the corrective action, the High Court disposed of the writ petition without granting the writs.
Issues considered
- Whether the High Court should issue a writ of mandamus directing correction of the Jamabandi and issuance of rent receipt when the revenue authorities are already proceeding with the matter?
Subjects
- writ of mandamus
- Jamabandi correction
- land record
- revenue law
- interpolation
- FIR
- land reforms
- rent receipt
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.22714 of 2018
======================================================
Basudev Yadav Son of Late Muso Mahto,Resident of Village-Simrakura,P.S.
Banka,Distt.-Banka
... ... Petitioner/s
Versus
1. The State of Bihar
2. The Collector ,Banka
3. The Land Reforms Deputy Collector,Banka
4. The Circle Officer,Banka
5. Thakur Mahto Son of Dhanni Mahto, Resident of Village-Simrakura,P.S.
Banka,Distt.-Banka
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Mritunjay Prasad Singh, Advocate
For the Respondent/s : Mr.Rishi Raj Sinha, SC-19
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 19-01-2026 Heard the parties.
I.A. No. 01 of 2025:
2. The aforesaid Interlocutory Application has been
preferred for incorporating the legal heirs of Hirday
Mahto/Yadav who died leaving behind his daughters as
recorded below:
(i) Sanju Devi D/o Hirday
Mahto/Yadav and wife of Arjun
Yadav, resident of village and post-
Baliya Mahra, P.S.- Banka, District-
Banka.
Patna High Court CWJC No.22714 of 2018(3) dt.19-01-2026
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(ii) Anita Devi D/o Hirday
Mahto/Yadav and wife of Chandhari
Yadav, resident of village- Bindi,
Post-Baliya Mahra, P.S.- Banka,
District-Banka.
3. There is no opposition from the other side.
4. In that background, the I.A. No. 01 of 2025 is
allowed. Let the the name of Hirday Mahto/Yadav be deleted
and the heirs as recorded above be incorporated in the list of
respondents.
C.W.J.C. No. 22714 of 2018:
5. Heard the parties.
6. The present petition has been preferred for the
following relief/s:
(i) for issuance of writ of Mandamus
commanding the respondent authority to
take appointment legal action for necessary
correction of Jamabandi no.66 as it was
running in name of Muso Mahto the father
of petitioner with respect of the land khata
no 27/25, plot no 2679,2670,2697,2703
situated in mauza Lodham,Thana no 7/11,
Patna High Court CWJC No.22714 of 2018(3) dt.19-01-2026
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P.S. Banka, District- Banka total area 4.06
acres;
(ii) for issuance of writ of Mandamus
commanding the respondent authority to
realize the rent of land in question from the
petitioner and to issue the rent receipt
thereof to the petitioner in name of his
father;
(iii) for issuance of such other appropriate
writ or order or direction for the ends of
justice.
7. The respondent no.5 has appeared in the matter
pursuant to the last order dated 10.11.2025 in which the
Collector, Banka was directed to conduct an enqury. Thereafter,
under the Additional Collector, Banka, the enquiry took place
and they came to the conclusion that the interpolation has been
done in the document by the Revenue Clerk, Santosh Kumar
Choudhary, whereafter, appropriate steps have been taken for
proceeding against him and lodging of the FIR and resulted into
the Banka P.S. Case No. 25 of 2026 on 12.01.2026.
8. Learned counsel for the petitioner submits that now
that an enquiry has been conducted and report has come, he be
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allowed to appear before appropriate Revenue Authorities.
Learned counsel for the respondent no.5 submits that he shall
also be taking the same route.
9. Granting said liberty and without commenting
further in the matter as the revenue authorities have already
taken up the matter, the writ petition is disposed.
(Rajiv Roy, J)
Ravi/-
U
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