Patna High Court
Bishundeo Prasad SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- KHATIM REZA
Holding
The Court held that the petitioners must approach the competent authority in the Jamabandi Cancellation proceeding and that their Jamabandi cannot be disturbed until a title suit is decided, following the precedent set in CWJC No. 18675 of 2025.
Summary
The petitioners filed a writ under Article 226 seeking a certiorari to quash a notice dated 12‑04‑2025 issued in Jamabandi Cancellation Case No. 1/2025‑26, alleging lack of verification and denial of opportunity. The notice had already been challenged in CWJC No. 18675 of 2025 (Manohar Prasad Mandal & Ors. vs. State of Bihar & Ors.), where the Court directed that the petitioners’ Jamabandi should not be disturbed until a title suit is decided. The State accepted the factual backdrop and did not contest the earlier order. The Patna High Court disposed of the writ, directing the petitioners to appear before the competent authority with evidence of their long‑standing Jamabandi and to proceed in accordance with the decisions in CWJC No. 17619 of 2018 and CWJC No. 4979 of 2005. The writ was therefore dismissed, with the petitioners given liberty to defend their title in the pending cancellation proceeding.
Issues considered
- Whether the notice dated 12‑04‑2025 in the Jamabandi Cancellation case can be quashed for lack of verification and denial of opportunity.
- Whether the petitioners’ Jamabandi is protected from disturbance pending a title suit, in view of prior judgments.
- Whether the present writ petition is barred by the order dated 24‑11‑2025 in CWJC No. 18675 of 2025.
Subjects
- Article 226
- certiorari
- Jamabandi cancellation
- land reforms
- title suit
- due process
- verification
- civil writ jurisdiction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3629 of 2026
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1. Bishundeo Prasad Singh Son of Late Harihar Singh, Resident of Village-
Domakhand, P.O.- Samukhiya More, P.S. and District- Banka.
2. Prakash Jha, Son of Late Umakant Jha, Resident of Village- Kakna, P.O.-
Samokhiya More, P.S. and District- Banka.
3. Amar Pal, Son of Ramesh Prasad Singh, Resident of Village Bamdeo, P.O.-
Bamdeo, P.S.- Banka, District- Banka.
4. Ramesh Prasad Singh, Son of Late Kedar Nath Singh, Resident of Village-
Bamdeo, P.O.- Bamdeo, P.S.- Banka, District- Banka.
5. Rambha Devi, Wife of Arun Kumar Singh, Resident of Village- Kamalpur,
P.O.-Mohdipur, P.S.- Sajour, District- Bhagalpur.
6. Sarita Bharti, Wife of Sunil Kumar Mandal, Resident of Village- Amarpur,
P.O.-Chutiya, P.S. - Banka, District- Banka.
7. Anjani Singh @ Anjani Kumari, Daughter of Sri Siyaram Singh, Resident of
Village- Koyla Kund, P.S.- Kalyanpur, District-Samastipur.
8. Chaturbhuj Prasad Singh, Son of Arjun Mandal, Resident of Village-
Mandarnagar, P.O.- Samokhiya More, P.S. and District- Banka.
9. Kanakalata, Wife of Sunil Kumar, Resident of Village- Mahadevpur, P.O.-
Mahadevpur, P.S.- Banka, District- Banka.
10. Nirmal Kumar, Son of Vishwanath Prasad, Resident of Village- Nonihari,
P.S.-Banka, District- Banka.
11. Kumari Ranjita, Wife of Nirmal Kumar, Resident of Village- Nonihari, P.S.-
Banka, District- Banka.
12. Anita Devi, Wife of Chaturbhuj Prasad Singh, Resident of Village-
Mandarnagar, P.O.- Samokhiya More, P.S. and District-Banka.
13. Sanichar Sharma, Son of Sohan Sharma, Resident of Village- Sarauni, P.S.-
Shahkund, District- Bhagalpur.
14. Dilip Kumar Shah, Son of Late Devendra Prasad Shah @ Doman Pd. Shah,
Resident of Village- Samokhiya More, P.S. and District- Banka.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Land Reforms and
Revenue Department, Govt. of Bihar, Patna.
2. The District Magistrate -cum- Registrar, Registration Office, Banka.
3. The Additional District Magistrate, Banka.
4. The Sub Divisional Officer, Banka.
5. The Circle Officer, Banka.
... ... Respondent/s
Patna High Court CWJC No.3629 of 2026(2) dt.17-03-2026
2/4
Appearance :
For the Petitioner/s : Mr.Rakesh Kumar Sharma, Advocate
Mr. Alok Anand, Advocate
Mr. S.M.Sudhanshu, Advocate
For the State : Mr. S.K. Mandal, S.C.3
Ms. Neelam Kumari AC to SC-3
======================================================
CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
ORAL ORDER
2 17-03-2026 Heard learned counsel appearing on behalf of the
petitioners as well as learned counsel representing the State.
2. The present writ application has been filed by the
petitioners under Article 226 of the Constitution of India, inter
alia, for the following reliefs:-
“(i) For issuance of writ in the nature of
Certiorari to quash the notice dated 12.04.2025
issued against the petitioners and others in
Jamabandi Cancellation Case No. 1/2025-26
which was initiated without proper verification and
without proper opportunity given to the petitioners
and it is also in the teeth of the order of the
Hon'ble Court.
(ii). For any other relief/ reliefs if the
petitioners found entitle in the facts and
circumstances of the present case.”
3. Learned counsel for the petitioners submits that the
impugned notice dated 12.04.2025 issued in Jamabandi
Cancellation Case No. 1 of 2025-26, as contained in Annexure
P/29 to the writ petition, has already been challenged in CWJC
Patna High Court CWJC No.3629 of 2026(2) dt.17-03-2026
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No. 18675 of 2025 (Manohar Prasad Mandal & Ors. vs. The
State of Bihar & Ors.), as contained in Annexure P/34 to the
present writ application. It is further submitted that the notices
have been issued to as many as 536 persons, including the
present petitioners, and a Co-ordinate Bench of this Court, while
considering the matter, was pleased to observe that in light of
the observations made by this Court in C.W.J.C. No. 16985 of
2018, the respondents will have a liberty to file a Title Suit in
the Civil court of competent jurisdiction, if they want to cancel
the petitioners’ long-standing Jamabandi but till the disposal
of said suit, the Jamabandi of the petitioners should not be
disturbed. It is, thus, contended that the issue involved in the
present writ petition stands squarely covered by the order dated
24.11.2025 passed in CWJC No. 18675 of 2025 by a Co-
ordinate Bench of this Court and, therefore, the present writ
petition is required to be disposed of on similar terms.
4. Learned counsel for the State does not dispute the
aforesaid factual position.
5. Accordingly, the present writ petition is disposed of
giving the petitioners a liberty to appear before the competent
authority in Jamabandi Cancellation Case No. 1/2025-26 with
all documents and evidences to show that there is long standing
Patna High Court CWJC No.3629 of 2026(2) dt.17-03-2026
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jamabandi in favour of the petitioners in respect of the land in
question and in such case, the competent authority shall proceed
with the case in terms of the decision passed by this Court in
C.W.J.C. No. 17619 of 2018 and C.W.J.C. No. 4979 of 2005.
6. This writ application stands disposed of in terms of
the order dated 24.11.2025 passed in CWJC No. 18675 of 2025.
(Khatim Reza, J)
shyambihari/-
U
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