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Patna High Court

Prithviraj SinghversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
                 ======================================================
           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
                 ======================================================
                 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
           Patna High Court CWJC No.2476 of 2026(2) dt.16-02-2026
                                                       4/4




                     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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