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Patna High Court

Syed Mohammad Faiz UddinversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The writ petition is disposed of, directing the petitioner to seek remedy under Section 9(6)(a) of the Bihar Mutation Act before the District Magistrate‑cum‑Collector.

Summary

The petitioner, Syed Mohammad Faiz Uddin, filed a writ petition seeking a certiorari to quash an order of the Additional Collector cancelling his jamabandi and also sought mandamus directing the authorities to include the land in his name and to accept land revenue. He claimed the land is his ancestral property and was erroneously earmarked as a pond. The petitioner argued that the appropriate remedy is an appeal before the District Magistrate‑cum‑Collector under Section 9(6)(a) of the Bihar Mutation Act. The Court, after hearing counsel, held that the petitioner should pursue the remedy under the said provision and therefore disposed of the writ petition, granting liberty to approach the District Magistrate‑cum‑Collector. The Court also indicated that any limitation issue would be condoned in the interest of justice to avoid multiplicity of litigation.

Issues considered

  • Whether the petitioner is required to file an appeal under Section 9(6)(a) of the Bihar Mutation Act instead of proceeding with the writ petition.
  • Whether the writ petition seeking certiorari and mandamus should be dismissed.

Subjects

  • certiorari
  • mandamus
  • jamabandi
  • land mutation
  • Bihar Mutation Act
  • civil writ jurisdiction
  • limitation condonation
  • district magistrate‑cum‑collector

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.2492 of 2026
                 ======================================================
                 Syed Mohammad Faiz Uddin Son of Late Syed Mohammad Bashir Uddin R/o
                 Village- Chehrakalan, Police Station- Katahra, District- Vaishali at present
                 R/o Mohalla- Anwarpur East, Hajipur, Police Station- Town Hajipur, District-
                 Vaishali.

                                                                              ... ... Petitioner/s
                                                     Versus

           1.    The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
           2.    The Principal Secretary, Department of Revenue and Land Reforms,
                 Government of Bihar, Patna.
           3.    The District Magistrate, Vaishali at Hajipur.
           4.    The Additional Collector, Vaishali at Hajipur.
           5.    The Deputy Collector, Land Reforms, Vaishali at Hajipur.
           6.    The Circle Officer, Chehrakalan, District- Vaishali.

                                                                            ... ... Respondent/s

                 ======================================================
                 Appearance :
                 For the Petitioner/s    :      Mr.Sanjay Kumar, Advocate
                 For the Respondent/s    :      Mr.Standing Counsel (11)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH

                                                ORAL ORDER

2   16-02-2026                          Heard Mr. Sanjay Kumar,             learned counsel

                   appearing on behalf of the petitioner and learned SC 11 for the

                   State.

                               2. Petitioner has inter alia prayed for following reliefs

                   in the paragraphs No.1 of the writ petition:-

                                              “I. For issuance of a writ in the nature of
                                  certiorari quashing the order contained in memo No.94
                                  dated 04.07.2024 passed by the Additional Collector,
                                  Vaishali in Jamabandi Cancellation Case No.406/2021-22,
                                  whereby the prayer of the petitioner for cancellation of
                                  jamabandi No.630 relating to land appertaining to old
                                  khata no.234, old Khesra No.1888/2103 corresponding to
                                  New Khata No.630, Khesra No.3281, area 1 acre, 0.5 dec.
           Patna High Court CWJC No.2492 of 2026(2) dt.16-02-2026
                                                       2/2




                                     has been rejected situated in Mauza Chehrakala in Thana
                                     No.90 District- Vaishali.
                                                  ii. For issuance of a writ in the nature of
                                     mandamus commanding and directing the respondent
                                     authorities to include the aforesaid land in the name of the
                                     petitioner in the existing Jamabandi No.436, as the land in
                                     question has advertently been mentioned in Jamabandi
                                     No.630 by earmarking the same as Pokhar (pond).
                                                  Iii. For issuance of a direction to the Circe
                                     Officer to accept land revenue in respect of the aforesaid
                                     land, as the same is the ancestral property of the petitioner.
                                                  And/or other consequential or incidental
                                     relief(s) to which the petitioner may be found legally
                                     entitled in the facts and circumstances of the case.”
                                   3. Learned counsel appearing on behalf of                   the

                     petitioner in respect of the relief as prayed for in the present

                     writ petition seeks to avail remedy of appeal before the District

                     Magistrate -cum-Collector, Vaishail in accordance with the

                     provision of Section 9(6)(a) of the Bihar Mutation Act.

                                   4. Considering the aforesaid submission, the present

                     writ petition stands disposed of with aforesaid liberty to the

                     petitioner.

                                   5. It is made clear that the time taken in pursuing

                     remedy before this Court shall be condoned at the time of

                     deciding the limitation, if any, in the interest of justice and to

                     stop multiplicity of the litigation.

                                   6. The writ petition stands disposed of.



                                               (Purnendu Singh, J)
Sanjay/-
U


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