Patna High Court
Moinuddin Ahmed @ Mainuddin AhmadversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PURNENDU SINGH
Holding
The Court held that the Collector must exercise his jurisdiction to hear the appeal and restrain any dispossession or alienation of the land pending the decision.
Summary
The petitioner, Moinuddin Ahmed, filed a writ petition seeking a mandamus to restrain the State authorities from dispossessing his land in Gopalganj district following a Jamabandi cancellation order dated 02.01.2026. He had already appealed the cancellation before the District Magistrate‑cum‑Collector on 22.01.2026, but the appeal had not been heard. The petitioner argued that any further action by the respondents would be illegal, arbitrary and violative of natural justice. The Court observed that the Collector has jurisdiction to entertain the appeal and must prevent the Circle Officer from acting until the appeal is decided. Accordingly, the Court directed the Collector to consider the appeal on a priority basis and to restrain any dispossession of the land, warning that further delay would invite contempt. The interim application was disposed of with these directions.
Issues considered
- Whether the petitioner is entitled to a writ of mandamus restraining the respondents from dispossessing the land pending the appeal.
- Whether the District Magistrate‑cum‑Collector has jurisdiction to entertain the appeal and issue interim directions.
- Whether the lower revenue officials must be restrained from creating any third‑party interest in the land during the pendency of the appeal.
Subjects
- writ of mandamus
- land dispute
- Jamabandi cancellation
- natural justice
- interim relief
- appellate jurisdiction
- Bihar land reforms
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2665 of 2026
======================================================
Moinuddin Ahmed @ Mainuddin Ahmad Son of Late Akbar Hussain,
Resident of Village- Chhawahi Takki, P.S.- Manjhagarh, District- Gopalganj.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Revenue and Land
Reforms Department, Government of Bihar, Patna.
2. The Collector, Gopalganj.
3. The Additional Collector, Gopalganj.
4. The Deputy Collector Land Reforms, Gopalganj.
5. The Circle Officer, Manjhagarh, Gopalganj.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Najib Ahmed, Advocate
Mr. Thakur Brajesh Singh, Advocate
For the State : Mr. Sajid Salim Khan, Standing Counsel (25)
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 19-02-2026 Heard Mr. Najib Ahmed along with Mr. Thakur
Brajesh Singh, learned counsels appearing on behalf of the
petitioner and Mr. Sajid Salim Khan, learned Standing Counsel
(25) for the State.
2. The petitioner in paragraph no. 1 of the present writ
petition has sought inter alia the following relief(s), which is
reproduced hereinafter:-
"a. For issuance of an appropriate writ,
order or direction, particularly a writ in the nature of
Mandamus, restraining the respondent authorities
from dispossessing the petitioner from the land
bearing Thana No. 209, Khata No. 143, Khesra No.
458, total area measuring 1 bigha 7 katha 7 dhur,
situated at village Bharkuiyan, P.S.-Manjhagarh,
District-Gopalganj (hereinafter referred as the land
in question), during the pendency of the petitioner's
Patna High Court CWJC No.2665 of 2026(2) dt.19-02-2026
2/3
Jamabandi Cancellation Appeal dated 22.01.2026
before the Court of the Collector, Gopalganj,
preferred against the order dated 02.01.2026, passed
by the Additional Collector, Gopalganj, in
Jamabandi Cancellation Case No. 118/2025-2026.
b. For issuance of an appropriate writ,
order or direction restraining the respondent
authorities from creating any third-party interest,
transferring, alienating, or otherwise dealing with
the land in question in any manner whatsoever
during the pendency of the aforesaid appeal, as any
such action would be illegal, arbitrary, and violative
of the principles of natural justice.
C. For issuance of an appropriate writ,
order or direction to the respondent Collector,
Gopalganj, to hear the aforesaid appeal of the
petitioner on priority basis.
d. For issuance of any other relief(s) to
which the petitioner may be entitled to in the facts
and circumstances of the case."
3. Learned counsel appearing on behalf of the
petitioner informs that against the order dated 02.01.2026
passed by the Additional Collector, Gopalganj in Jamabandi
Cancellation Case No. 118/2025-26, the petitioner has already
preferred appeal before the District Magistrate-cum-Collector,
Gopalganj on 22.01.2026, however, the same has not been
entertained till date.
4. In such circumstances, the District Magistrate-
cum-Collector, Gopalganj, is directed to exercise his jurisdiction
forthwith to consider the grievance of the petitioner, who has
been able to make out a case for interference with the order
dated 02.01.2026 passed by the Additional Collector, Gopalganj
in Jamabandi Cancellation Case No. 118/2025-26 and ensure
Patna High Court CWJC No.2665 of 2026(2) dt.19-02-2026
3/3
that till he passes the order in Appeal filed by the petitioner, the
Circle Officer concerned must not act without his jurisdiction.
5. In case of any further delay, this Court will take
action to pass appropriate order against him as and when the
occasion arises.
6. With aforesaid observation/direction, the present
application stands disposed of.
(Purnendu Singh, J)
Niraj/-
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