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Patna High Court

Bishundeo Prasad SinghversusThe State of Bihar

Decided
Disposal
DISPOSED

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
     ======================================================
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
                                            3/4




          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
                                                       4/4




                     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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