Patna High Court
Raj Kumar PrasadversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PURNENDU SINGH
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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