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Patna High Court

Tripurari JhaversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The writ petition is premature and is therefore disposed of.

Summary

The petitioner, Tripurari Jha, sought a mandamus directing the State of Bihar and various officials to halt the construction of a Panchayat Sarkar Bhawan on land he claims is his ancestral raiyati property, for which he has paid revenue up to 2025-26. The State responded that a related Jamabandi cancellation case (No. 10 of 2025‑26) is pending before the Additional Collector, and the petitioner has not yet been given notice. The Court held that because the recommended notice has not been issued, the writ petition is premature and cannot be entertained. It observed that once notice is served, the petitioner can present his evidence and the authority can pass a reasoned order. Consequently, the petition was disposed of without granting any relief.

Issues considered

  • Whether the writ petition is maintainable when the petitioner has not been given notice in the pending Jamabandi cancellation proceeding
  • Whether the Court can issue a mandamus to restrain construction before the pending administrative process is concluded

Subjects

  • writ jurisdiction
  • mandamus
  • rai yati land
  • land revenue
  • notice requirement
  • premature petition
  • administrative proceeding

Judgment

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.2335 of 2026
     ======================================================
     Tripurari Jha Son of Late Shiv Kumar Jha, Resident of Village and Post
     Office Dekuli Police Station, Bahadurpur, District- Darbhanga, Bihar.

                                                               ... ... Petitioner/s
                                       Versus
1.   The State of Bihar through the Chief Secretary, Government of Bihar.
2.   The Additional Chief Secretary, Revenue and Land Reforms Department.
     Government of Bihar.
3.   The Secretary Revenue and Land Reforms Department, Government of
     Bihar, Patna, Bihar.
4.   The Director, Land Records and Survey, Revenue and Land Reforms
     Department, Government of Bihar, Patna.
5.   The Secretary, Panchayati Raj Department, Government of Bihar, Patna
6.   The Divisional Commissioner, Darbhanga, Bihar
7.   The Collector cum District Magistrate, Darbhanga Bihar.
8.   The Senior Superintendent of Police, Darbhanga Bihar.
9.   The District Panchayati Raj Officer, (DPRO) Darbhanga Bihar
10. The Additional Collector (Revenue) Darbhanga Bihar.
11. The Executive Engineer Local Area Engineering Organization (LAEO)
    Darbhanga Bihar.
12. The Circle Officer Bahadurpur Anchal Darbhanga, Bihar.
13. The Block Panchayati Raj Officer (BPRO) Bahadurpur Block Darbhanga
14. The Station House Officer Bahadurpur police station Darbhanga, Bihar.
15. The Revenue Officer Bahadurpur Anchal Darbhanga, Bihar.
16. The Panchayat Secretary Bahadurpur Dekuli Panchayat Under Bahadurpur
    Block Darbhanga Bihar.
17. The Mukhiya Bahadurpur Dekuli Panchayat Under Bahadurpur Block
    Darbhanga Bihar.
18. The Revenue Karamchari concerning (Muaza Mirzapur) Bahadurpur Anchal
    in charge of Halka Bahadurpur Dekuli District Darbhanga Bihar, Pin code
    846004

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s   :      Mr. Rohit Kumar, Adv.
                                   Mr. Manish Kumar-13, Adv.
                                   Mrs. Shreya, Adv.
     For the Respondent/s   :      Mr. Standing Counsel (20)
                                   Mr. Mahtab Alam, AC to SC-20
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
         Patna High Court CWJC No.2335 of 2026(3) dt.27-04-2026
                                                     2/3




                                                  ORAL ORDER

3   27-04-2026                   Heard the parties.

                               2. The present application has been preferred for the

                   following relief(s):

                                                       A. Mandamus Commanding the
                                          respondent authorities to take appropriate
                                          step(s)                                           for
                                          stop/restrain/curb/deterrent/obstacle             the
                                          construction of Panchayat Sarkar Bhawan of
                                          Bahadurpur            Dekuli     Panchayat      under
                                          Bahadurpur Block Darbhanga Bihar on
                                          Land in question which is Raiyati land
                                          Where            by      and          where     under
                                          petitioner/ancestral of petitioner who were
                                          bona fide Title holder and pay Land revenue
                                          Malgujari till year 2025-2026 of Land in
                                          question i.e CS Khata no 88 CS Khesra no
                                          329 corresponding RS Khata no 273
                                          corresponding Khesra no 585 Muaza
                                          Mirzapur Thana no 230 Jamabandi No
                                          195118900134599                  as      well      as
                                          195118900144731                Circle    Bahadurpur
                                          Sadar         Subdivision Darbhanga Sadar
                                          District Darbhanga Bihar.
                                                       (B) For any other relief/ reliefs for
                                          which the petitioner is found entitled to in
                                          the facts and circumstances of the present
                                          case.
                               3. A counter affidavit has come on behalf of the State
           Patna High Court CWJC No.2335 of 2026(3) dt.27-04-2026
                                                       3/3




                     respondents and learned State Counsel has taken this Court to

                     paragraph 9 to show that already Jamabandi Cancellation Case

                     No. 10 of 2025-26 is pending before the Additional Collector,

                     Darbhanga for an appropriate order in which the petitioner shall

                     be noticed.

                                 4. This Court is of the opinion that when a

                     recommendation has been made and the petitioner has still not

                     been noticed as submitted by him, the writ petition is immature.

                                 5. Once the notice is issued, the petitioner will have

                     the opportunity to put forward all his views along with

                     supporting documents so that a reasoned order is passed by the

                     concerned authority.

                                 6. The petitioner will have the liberty to take

                     appropriate steps in accordance with law, if situation so warrant

                     and an adverse order is passed in the matter.

                                 7. The writ petition is disposed of with aforesaid

                     observation.



                                                   (Rajiv Roy, J)
Vijay Singh/-

U


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