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Patna High Court

Dayanand RamversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The writ petition is disposed, directing the Additional Collector, Katihar to take the representation to its logical conclusion within six months.

Summary

Four petitioners, brothers residing in Shankarpur, Araria, filed a writ petition against the State of Bihar and several officials seeking a mandamus directing the respondents to act on a representation dated 04‑12‑2025 and to create Jamabandi in the petitioners' names for disputed land plots wrongly recorded in private respondents' names. The petitioners alleged that the representation pending before the Additional Collector, Katihar, had not been acted upon. The State counsel argued that the respondent was bound to follow through on the representation. The High Court, after hearing, disposed of the petition, directing the Additional Collector, Katihar to conclude the representation within six months. No substantive discussion on merits or legal precedents was recorded.

Issues considered

  • Whether the High Court can issue a writ of mandamus directing the Additional Collector to act on the pending representation.
  • Whether the court can order the creation of Jamabandi in the petitioners' names.

Subjects

  • mandamus
  • land reforms
  • Jamabandi
  • representation
  • civil writ jurisdiction
  • Bihar
  • land records

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.3170 of 2026
                 ======================================================
           1.     Dayanand Ram Son of Bandi Ram @ Badri Ram @ Vadri Ram @ Vandi
                  Ram Resident of Village- Shankarpur, P.O.- Shankarpur, Ward No. 8, P.S.
                  Bhargama, District- Araria, PIN Code- 854318.
           2.    Sadanand Ram, Son of Bandi Ram @ Badri Ram @ Vadri Ram @ Vandi
                 Ram Resident of Village- Shankarpur, P.O.- Shankarpur, Ward No. 8, P.S.
                 Bhargama, District- Araria, PIN Code- 854318.
           3.    Kalanand Ram, Son of Bandi Ram @ Badri Ram @ Vadri Ram @ Vandi
                 Ram Resident of Village- Shankarpur, P.O.- Shankarpur, Ward No. 8, P.S.
                 Bhargama, District- Araria, PIN Code- 854318.
           4.    Ramanand Ram, Son of Bandi Ram @ Badri Ram @ Vadri Ram @ Vandi
                 Ram Resident of Village- Shankarpur, P.O.- Shankarpur, Ward No. 8, P.S.
                 Bhargama, District- Araria, PIN Code- 854318.

                                                                     ... ... Petitioner/s
                                               Versus
           1.    The State of Bihar through the Chief Secretary, Govt. of Bihar, Old
                 Secretariat, Patna.
           2.    The Additional Chief Secretary -cum- Principal Secretary, Revenue and
                 Land Reforms Department, Govt. of Bihar, Old Secretariat, Patna, Bihar.
           3.    The Commissioner, Purnea Division, Purnea.
           4.    The District Collector -cum- District Magistrate, Araria.
           5.    The Sub Divisional Officer, Forbesganj, District- Araria.
           6.    The Additional District Collector, Araria.
           7.    The Deputy Collector, Land Reforms, Forbesganj, Araria.
           8.    The Circle Officer, Bhargama, Araria.
           9.    Sumitra Devi, W/o Yoganand Ram, Resident of Village and Post-
                 Shankarpur, Ward No. 09, P.S. Bhargama, District- Araria (Bihar) PIN Code-
                 854318.
           10. Bhulia Devi @ Gulia Devi, W/o Jamun Ram, Resident of Village and Post-
               Shankarpur, Ward No. 09, P.S. Bhargama, District- Araria (Bihar) PIN Code-
               854318.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :       Mr. Munish Om Prakash Singh, Advocate
                 For the State          :       Mr. Standing Counsel (12)
                                        :       Mr. Kamlesh Kishore, AC to SC-12
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   13-03-2026                    Heard the parties.
Patna High Court CWJC No.3170 of 2026(2) dt.13-03-2026
                                            2/3




                      2. The present petition has been preferred for the

          grant of following relief(s):

                                         “(i) for that issuance of writ in the

                             nature of mandamus directing/commanding the

                             respondents to take necessary and lawful action

                             upon the representation dated 04.12.2025 filed

                             by the petitioners (as contained in Annexure- P/7

                             series).

                                         (ii) for that further directing to the

                             concern respondent to create Jamabandi in the

                             name of the petitioners with respect to the

                             disputed plots which has been wrongly run in the

                             name of the private respondents.

                                         (iii) for that the writ petitioners also

                             pray before this Hon'ble Court to issue writ or

                             writs order or orders 5 direction or directions as

                             this Hon'ble Court may deem fit and proper in

                             the facts and circumstances of this Hon’ble

                             Court.”


                      3. Learned counsel for the petitioners submit that their

          simple prayer is to dispose of the representation pending before

          the Additional Collector, Katihar (Annexure-P/7 to the petition).
            Patna High Court CWJC No.3170 of 2026(2) dt.13-03-2026
                                                        3/3




                                  4. Learned State Counsel submits that if such petition

                      has been preferred, the concerned respondent is duty bound to

                      take the same to its logical conclusion.

                                  5. The writ petition stands disposed of directing the

                      Additional Collector, Katihar to take the representation of the

                      petitioner (Annexure-P/7) to its logical conclusion in next six

                      months.



                                                    (Rajiv Roy, J)
vinayak/-

U


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