Patna High Court
Prithviraj SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PURNENDU SINGH
Holding
The writ petition is disposed of with a direction to the Siwan Collector to pass the necessary order in accordance with law after hearing the parties.
Summary
The petitioners, a group of landowners from Siwan district, filed a writ petition seeking the quashing of a Jamabandi cancellation case and a notice issued under Form‑XVII of the Bihar Mutation Rules, alleging that the Additional Collector had failed to act on their application under Section 9(6) of the Bihar Land Mutation Act, 2011. They contended that the cancellation proceedings were improper and that they were entitled to a hearing before any order could be passed. The court examined the statutory scheme for cancellation of Jamabandi, specifically Section 9(6) of the 2011 Act and Rule 13(3) of the 2012 Mutation Rules, which require an appeal to the District Collector and a hearing of interested parties. Relying on these provisions, the court held that the writ petition could be disposed of by directing the Collector to issue the appropriate order after affording a reasonable opportunity of hearing. Consequently, the petition was dismissed with a direction to the Siwan Collector to comply with the law.
Issues considered
- Whether the inaction of the Additional Collector in a Jamabandi cancellation application can be challenged by a writ petition
- Whether the court can direct the District Collector to pass an order under Section 9(6) of the Bihar Land Mutation Act after a hearing
- Whether the notice issued under Form‑XVII of the Bihar Mutation Rules can be quashed
Legislation cited
- Bihar Land Mutation Act, 2011 — s. 9(6)
Subjects
- Jamabandi
- Land mutation
- Cancellation of Jamabandi
- Section 9(6)
- Rule 13(3)
- Writ petition
- District Collector
- Hearing
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2476 of 2026
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1. Prithviraj Singh Son of Late Nageshwar Rai Resident of village-
Babhandiha, Tola Bangra Ke Bari, P.O. and P.S. - Chainpur, District- Siwan.
2. Anand Kumar Singh, Son of Late Suryabali Singh, Resident of village-
Babhandiha, Tola Bangra Ke Bari, P.O. and P.S. - Chainpur, District- Siwan.
3. Amit Kumar Singh, Son of Late Suryabali Singh, Resident of village-
Babhandiha, Tola Bangra Ke Bari, P.O. and P.S. - Chainpur, District- Siwan.
4. Navandu Kumar Singh, Son of Suryadeo Singh, Resident of village-
Babhandiha, Tola Bangra Ke Bari, P.O. and P.S. - Chainpur, District- Siwan.
5. Adesh Kumar, Son of Late Ashok Kumar Singh, Resident of village-
Babhandiha, Tola Bangra Ke Bari, P.O. and P.S. - Chainpur, District- Siwan.
6. Abhishek Kumar, Son of Late Ashok Kumar Singh, Resident of village-
Babhandiha, Tola Bangra Ke Bari, P.O. and P.S. - Chainpur, District- Siwan.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Revenue and Land
Reforms Department, Government of Bihar, Patna.
2. The Collector, Siwan.
3. The Additional Collector, Siwan.
4. The L.R.D.C, Siwan, District- Siwan.
5. The Circle Officer, Siswan, District- Siwan.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dinu Kumar, Advocate
Mr.Vardaan Mangalam, Advocate
Ms. Ritika Rani, Advocate
For the Respondent/s : Mr. Sarvesh Kumar, GP 24
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CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 16-02-2026 Heard Mr. Dinu Kumar along with Vardaan
Patna High Court CWJC No.2476 of 2026(2) dt.16-02-2026
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Mangalam and Ms. Ritika Rani, learned counsels appearing on
behalf of the petitioners and Mr. Sarvesh Kumar, learned GP
24 for the State.
2. Petitioners have inter alia prayed for following
reliefs in the paragraphs No.1 of the writ petition:-
“(I) For quashing the Jamabandi Cancellation
Case No.52/2019-20 initiated against Rameshwar Rai now
dead.
ii. For quashing the notice issued upon the
petitioners under Perfomra-XVII as per Rule 13(3) of the
Land Mutation Act by the Additional Collector, Siwan on
29.11.2023.
iii. Also commanding the respondents to not
disturb the Jamabandi No.1473/05 in the name of
Nageshwar Rai son of Ram Chandra Rai, Resident of
Village -Babhandiha, Tola Bangra Ke Bari, Block- Siswan,
District- Siwan.
iv. Also for commanding the respondent Circle
Officer, Siswan to dispose of the Jamabandi Cancellation
Case No.52/2019-20 initiated against Nageshwar Rai who
have already died.
v. For that any other relief/reliefs for which the
petitioner may be deemed entitled to.”
3. Mr. Dinu Kumar, learned counsel appearing on
behalf of the petitioners submitted that for the relief as prayed
for in the present writ petition, he don’t want to press the same
for the simple reason that for the same relief, he has filed
application under Section 9(6) of the Bihar Land Mutation Act,
2011 read with Rule 13(3) of the Bihar Mutation Rules 2012 as
amended uptodate, in connection with Jamabandi Cancellation
No.52 of 2019-20, but the Additional Collector is sitting tight
over the application.
Patna High Court CWJC No.2476 of 2026(2) dt.16-02-2026
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4. Cancellation of Jamabandi has been prescribed
under Section 9(6) of the Bihar Land Mutation Act, 2011, which
is reproduced hereinafter:
“(6)(a) An Appeal against the order of
the Additional Collector shall lie with the Collector
of the district within thirty (30) days of the order
appealed against.
(b) The Collector of the district may
condone the delay in filing appeals provided he is
satisfied that there are sufficient reasons for the
delay.
(c) The Collector of the district shall not
pass any order modifying, altering or setting aside
the order appealed against unless the concerned
parties have been given a reasonable opportunity of
being heard.”
5. The Rule 13(3) of the Bihar Mutation Rules, 2012
provides for mechanism for cancellation of Jamabandi, which
is inter alia reproduced hereinafter:
“13.(3)The Additional Collector on receipt
of a petition in Form-XV for the cancellation of
jamabandi or on reference from an authorised
representative of the Government Department having an
interest in the land or a part thereof or suo motu, if he is
satisfied that there is sufficient evidence that the
jamabandi has been created in violation of any law or in
contravention of an executive instruction, shall initiate
proceeding for the cancellation of the jamabandi by
issuing general notice in Form-XVI inviting objections
from the public of the locality and specific notices in
Form-XVII to persons having interest in the land and the
part thereof including inter alia the persons having
jamabandi of the land in question”
6. Considering the aforesaid submission made on
behalf of the petitioners and the provisions of Section 9(6) of
the Bihar Land Mutation Act, 2011 read with Rule 13(3) of the
Bihar Mutation Rules 2012 as amended uptodate, the writ
petition stands disposed of with a direction to the Additional
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Collector, Siwan to pass necessary order in accordance with
law after providing due opportunity of hearing to all the
interested parties, including the petitioner.
(Purnendu Singh, J)
Sanjay/-
U
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