Patna High Court
Vijendra KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The petition is disposed with a direction to the Collector, Gaya, to complete the enquiry, restore the jamabandi, and take appropriate action against the guilty parties.
Summary
Vijendra Kumar filed a writ petition seeking restoration of his jamabandi for two parcels of land in Sahabajpur, Gaya, alleging that revenue officials had improperly interpolated documents and deducted his father's land. He also requested that the pending enquiry ordered by the Collector be completed promptly and that action be taken against those responsible for the wrongful deduction. The High Court noted that the State had failed to file the affidavit it was directed to submit and that the matter was better placed before the Collector, who had already issued a letter to hold an enquiry. The Court therefore disposed of the petition, directing the Collector to complete the enquiry, restore the jamabandi, and take appropriate action within a reasonable time. No substantive merits of the land claim were decided by the Court; the order was procedural, directing further investigation.
Issues considered
- Whether the revenue authorities erred in deducting land from the petitioner's jamabandi and must restore it.
- Whether the Court should direct the Collector to complete the pending enquiry and take action against the responsible officials.
- Whether the State is required to file an affidavit as previously directed by the Court.
Subjects
- jamabandi
- land revenue
- enquiry
- restoration of land record
- civil writ jurisdiction
- Bihar
- interpolation of documents
- collector
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2505 of 2026
======================================================
Vijendra Kumar S/O Shambhu Sharan Singh, resident of village- Sahabajpur,
P.S.-Khizersarai, District- Gaya.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Revenue and Land
Reforms Department, Govt. of Bihar Patna.
2. The Divisional Commissioner, Magadh Division, Gaya.
3. The Collector, Gaya.
4. The Senior Superintendent of Police, Gaya.
5. The A.D.M. Gaya.
6. The D.C.L.R., Nimchak Bathani at Khizersarai, Gaya.
7. The Circle Officer, Khizersarai, Gaya.
8. Smt. Sunaina Devi, W/O Late Subedar Singh, resident of village
-Sahabajpur, P.O.- Aimachauki, P.S.-Khizersarai, District- Gaya.
9. Smt. Kiran Devi, W/O Krishna Singh, resident of village Sahabajpur, P.O.
Aimachauki, P.S.-Khizersarai, District- Gaya
10. Baliram Singh S/O Late Tahal Singh, resident of village Sahabajpur, P.O.
AimaChauki, P.S.-Khizersarai, District- Gaya
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vinod Kumar, Adv.
For the Respondent/s : Mr. Additional Advocate General (4)
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 17-03-2026 Heard the parties.
2. The present application has been preferred for the
following relief(s):
(i) the respondents be directed to
restore jamabandi of the land of the
petitioner appertaining to khata no- 51,
khesarai no-1265, demand no- 53/1,
measuring an area of 52 decimals and also
Patna High Court CWJC No.2505 of 2026(3) dt.17-03-2026
2/3
plot no 384 measuring an area of 24
decimals demand no- 53/1 situated at Mauza
Sahabajpur, Thana No- Anchal Khizersarai,
District- Gaya.
(ii). The enquiry order by the
District Magistrate, Gaya be ordered to be
completed as earlier as possible.
(iii). As per enquiry report the
follow up action with regard to the land
wrongly deducted from jamabandi of the
father of the petitioner be restored and
corrected and against the guilty persons
action be taken.
3. The details of the land in question is/are as follows:
(i) khata no.- 51;
(ii) khesra no. - 1265 (area- 52 decimals)
in Mauza- Sahabajpur, Thana- Khizersarai,
District- Gaya.
4. The claim is that the revenue officials are
interpolating the documents/Register-II causing problem to the
genuine land-holders. Pursuant to the complaint made by wife
of the petitioner (Dr. Shambhavi Kumari), the Collector, Gaya
took cognizance of the matter vide letter no. 483 dated
30.06.2025 (Annexure-P/5 to the petition). Direction was given
to the Deputy Collector Land Reforms, Nimchakbathani to
submit an enquiry report in this regard. The submission is that
Patna High Court CWJC No.2505 of 2026(3) dt.17-03-2026
3/3
thereafter, the revenue authority sat over the matter forcing him
to move before this Court.
5. Earlier, the Co-ordinate Bench had directed the
State to file affidavit on 16.02.2026 but the record shows that no
such affidavit has come. Instead of keeping the case pending
and putting cost upon the respondents, it would be appropriate
that the matter is sent to the Collector, Gaya who himself has
issued letter no. 483 dated 30.06.2025 (as recorded above) to
hold an enquiry immediately, fix responsibility and take the
matter to its logical conclusion.
6. It is expected that if the petitioner prefers petition
along with documents in next four weeks, the matter will be
enquired and appropriate order passed in next six months from
the date the petition is preferred before him.
7. The writ petition is disposed of with aforesaid
observation.
(Rajiv Roy, J)
Vijay Singh/-
U
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