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Patna High Court

Raj Kumar PrasadversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The writ petition is dismissed and the order of the Additional District Magistrate stands.

Summary

Petitioner Raj Kumar Prasad filed a writ petition seeking to set aside an order dated 27-09-2025 of the Additional District Magistrate which dismissed his application for cancellation of a Jamabandi (land record) in his ancestral land, and also sought directions for an enquiry into the creation of a duplicate Jamabandi and for proper cancellation proceedings. The petitioner alleged that two Jamabandi entries existed for the same land, one in his ancestor's name and another created without a mutation case. Counsel for the petitioner argued that the reliefs were necessary to protect his property rights. The court, after hearing counsel, found no substantive ground to interfere with the magistrate's order and disposed of the writ petition. Consequently, the petition was dismissed and no further relief was granted.

Issues considered

  • Whether the order of the Additional District Magistrate dismissing the petition for cancellation of the Jamabandi can be set aside.
  • Whether the authorities should be directed to initiate an enquiry into the creation of a duplicate Jamabandi without a mutation case.
  • Whether the court should direct the Additional District Collector to commence proper proceedings for cancellation of the duplicate Jamabandi.

Subjects

  • Jamabandi
  • Land Records
  • Revenue Law
  • Writ Petition
  • Property Dispute
  • Cancellation of Land Record

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Civil Writ Jurisdiction Case No.2683 of 2026
                 ======================================================
                 Raj Kumar Prasad Son of Late Vidya Sagar Prasad, Resident of Village and
                 P.O. - Kesaria, P.S.- Kesaria, District-East Champaran (Bihar).

                                                                           ... ... Petitioner/s
                                                   Versus
           1.    The State of Bihar through the Principal Secretary, Department of Revenue
                 and Land Reforms, Government of Bihar, Patna.
           2.    The Collector, East Champaran (Bihar).
           3.    The Additional District Magistrate, East Champaran (Bihar).
           4.    The Circle Officer- Kesaria, District- East Champaran (Bihar).
           5.    Most. Rita Kaur Wife of Late Shambhu Prasad, Resident of Village-
                 Deviganj Bazar, Kesaria, P.O. and P.S. Kesaria, District- East Champaran
                 (Bihar).

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr. Abhishek, Advocate
                 For the Respondent/s   :      Mr. Rewati Kant Raman, AC to S.C- (11)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

2   19-02-2026                   Heard Mr. Abhishek, learned counsel appearing on

                   behalf of the petitioner and Mr. Rewati Kant Raman learned AC

                   to Standing Counsel (11) 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:-

                                              "I. For setting aside an Order dated 27.09.2025
                                  passed by the Additional District Magistrate, East
                                  Champaran in Jamabandi Cancellation Case No.19 of
                                  2024-25 by which prayer of the Petitioner for cancellation
                                  of Jamabandi running in the name of Respondent IInd Set
                                  has been dismissed at the stage of admission itself even the
                                  possession of the Petitioner has found over his ancestral
                                  land.
                                              II. For directing the Respondent Authorities to
                                  initiate an enquiry against the concerned Officials as well
          Patna High Court CWJC No.2683 of 2026(2) dt.19-02-2026
                                                      2/2




                                    as Respondent IInd Set as to how without initiation of a
                                    Mutation Case Jamabandi No.480/702 under Mauza
                                    Hamidpur, P.S. No.206 within the District East Champaran
                                    has been created even the Jamabandi No.38 is still existing
                                    in the name of the ancestor of the Petitioner namely Daya
                                    Sagar Prasad.
                                                III. For directing the Respondent Additional
                                    District Collector, East Champaran to initiate proper
                                    proceeding for cancellation of Jamabandi as for the same
                                    land two Jamabandi bearing Jamabandi No.480/702 & 38
                                    are existing.
                                                IV. For grant of any other relief or reliefs as
                                    your Lordships may found entitled too."


                                3. Learned counsel appearing on behalf of the

                    petitioner submitted that for the relief as prayed for in the

                    present writ petition, petitioner seeks to avail appropriate

                    remedy in accordance with law.

                                4. Accordingly, the present writ petition stands

                    disposed of.



                                              (Purnendu Singh, J)
Niraj/-

U


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