Created by Fuzzy Cloud

Patna High Court

Krishna SinghversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
                                            3/4




          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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.