Patna High Court
Krishna SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- KHATIM REZA
Holding
The Court directed the District Magistrate to dispose of the pending jamabandi cancellation appeal within three months and stayed any construction on the land until such disposal.
Summary
The petitioner, Krishna Singh, filed a writ petition under Article 226 of the Constitution seeking to quash the order dated 24‑01‑2026 of the Additional Collector cancelling his jamabandi and the subsequent letter directing construction of a Panchayat building on the land. He also sought a mandamus directing authorities to refrain from any construction until the pending statutory appeal (Jamabandi Cancellation Appeal No. 95 of 2025‑26) before the District Magistrate is decided. The State did not contest the facts. The High Court, after considering the submissions, directed the District Magistrate to dispose of the appeal expeditiously, preferably within three months, and ordered that no construction be undertaken on the land until the appeal is decided. The writ application was therefore disposed with these directions.
Issues considered
- Whether the order cancelling the petitioner's jamabandi can be set aside by a writ of certiorari under Article 226.
- Whether the High Court can direct the statutory appeal before the District Magistrate to be disposed within a specific time‑frame.
- Whether the authorities can be restrained from proceeding with construction on the disputed land pending disposal of the appeal.
Legislation cited
- Constitution of India — s. Article 226
Subjects
- Land reform
- Jamabandi cancellation
- Writ jurisdiction
- Certiorari
- Mandamus
- Stay order
- Statutory appeal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3634 of 2026
======================================================
Krishna Singh Son of Late Bhuneshwar Singh, Resident of Village and Post-
Mahammadpur, P.S.-Garkha, District-Saran.
... ... Petitioner/s
Versus
1. The State of Bihar through its Secretary, Department of Revenue and Land
Reforms, Bihar.
2. The District Magistrate, Saran.
3. The Additional Collector, Saran.
4. The Circle Officer, Garkha.
5. The Executive Engineer, Building Division, Chapra.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dhananjay Kumar Tiwary, Advocate
For the Respondent/s : GP-3
======================================================
CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
ORAL ORDER
2 17-03-2026 Heard the parties.
2. The present writ application has been filed under
Article 226 of the Constitution of India, inter alia, for the
following reliefs:-
“ A. For the issuance of appropriate
writ(s), order(s), or direction(s) in the nature of
'Certiorari' for quashing the order dated
24.01.2026 passed by the Additional Collector,
Saran in Jamabandi Cancellation Case No.
601/2025-26;
B. For the issuance of appropriate
writ(s), order(s), or direction(s) in the nature of
'Certiorari' for quashing the consequential letter
dated 16.02.2026 issued by the Circle Officer,
Patna High Court CWJC No.3634 of 2026(2) dt.17-03-2026
2/4
Garkha,
C. For the issuance of appropriate
writ(s), order(s), or direction(s) in the nature of
'Mandamus' directing the respondent authorities to
restrain from proceeding with construction over the
land in question;
D. And for issuance of any other reliefs
for which the petitioner is entitled for.”
3. At the outset, learned counsel for the petitioners
submits that Jamabandi Cancellation Appeal No. 95 of 2025-26
has already been preferred before the District Magistrate, Saran
at Chapra (respondent no.2). It is further submitted that the
petitioners have been constrained to invoke the writ jurisdiction
of this Court in view of the communication dated 16.2.2026
(Annexure- P/4) issued by the Circle Officer, Garkha, District
Saran, addressed to the District Panchayati Raj Officer, Saran,
Chapra, stating therein that the Jamabandi of the petitioners has
been cancelled vide order passed in Jamabandi Cancellation
Case No. 601 of 2025-26 by the Additional Collector, Saran,
Chapra (respondent no.3), and consequential directions have
been issued to proceed with construction of a Panchayat
Government building over the land in question. It is submitted
that the statutory appeal against the said order is pending
consideration before the District Magistrate, Saran (respondent
Patna High Court CWJC No.3634 of 2026(2) dt.17-03-2026
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no. 2). In the aforesaid circumstances, it is prayed that a
direction be issued to the said authority to dispose of the appeal
within a stipulated time frame and, in the interregnum, the
operation of the impugned order dated 24.01.2026 passed by the
Additional Collector, Saran ( respondent no.3) in Jamabandi
Cancellation Case No. 601 of 2025–26 be stayed, and the
concerned authorities be restrained from proceeding with any
construction over the land in question.
4. Learned counsel for the State does not controvert
the aforesaid submissions.
5. Having regard to the facts and circumstances of the
case and the submissions advanced on behalf of the parties, the
present writ application is disposed of with a direction to the
District Magistrate, Saran (respondent no. 2) to consider and
dispose of Jamabandi Cancellation Appeal No. 95 of 2025–26
expeditiously, preferably, within a period of three months from
the date of receipt/production of a copy of this order.
6. It is made clear that, till disposal of the aforesaid
appeal, the concerned authorities shall not make any
construction over the land in question.
7. The writ application stands disposed of with the
Patna High Court CWJC No.3634 of 2026(2) dt.17-03-2026
4/4
aforesaid directions.
(Khatim Reza, J)
shyambihari/-
U
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