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Patna High Court

Basudev YadavversusThe State of Bihar,

Decided
Disposal
DISPOSED

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
         Patna High Court CWJC No.22714 of 2018(3) dt.19-01-2026
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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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