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Patna High Court

Ram Ekbal Prasad Yadav @ Ram Ekbal PrasadversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court held that the petitioner must first prefer an appeal against the Additional Collector’s order, after which the Collector is duty‑bound to hear all parties, consider the documents, and pass a reasoned order, with the status quo to be maintained in the interim.

Summary

The petitioner, Ram Ekbal Prasad Yadav, challenged the cancellation of his family's Jamabandi and subsequent mutation orders that transferred his raiyati land to the Bihar Industrial Area Development Authority (BIADA). He alleged that the Additional Collector, Gopalganj, erred in concluding that two Jamabandis could not coexist and that the mutation proceeding was conducted arbitrarily. The petitioner also sought mandamus to compel the State to produce land acquisition records or to initiate acquisition under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, and to prevent any forcible possession of the land. The respondents argued that the land originally belonged to SKG Distillery, was lawfully transferred to BIADA, and that the petitioner had the remedy of filing an appeal. The Court observed that the petitioner had not filed an appeal against the Collector’s order and directed that he file a proper petition within two weeks, after which the Collector must hear all stakeholders and pass a reasoned order, while maintaining the status quo. The writ petition was consequently disposed.

Issues considered

  • Whether the Additional Collector's order cancelling the Jamabandi is legally valid and should be quashed.
  • Whether the petitioner is entitled to mandamus directing the State to produce land acquisition records or to initiate acquisition under the 2013 Act.
  • Whether the mutation order favouring BIADA is arbitrary and should be set aside.
  • Whether the petitioner must first prefer an appeal before seeking writ relief.
  • Whether the status quo should be maintained pending the Collector's adjudication.

Legislation cited

Subjects

  • land acquisition
  • Jamabandi cancellation
  • mutation
  • certiorari
  • mandamus
  • Right to Fair Compensation Act
  • Bihar
  • administrative law

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.3901 of 2025
                 ======================================================
                 Ram Ekbal Prasad Yadav @ Ram Ekbal Prasad S/o Late Saral Choudhary,
                 Resident of Jigna Jagarnath, Tola Takalpura, P.S. Mirganj, Distt. Gopalganj.

                                                                         ... ... Petitioner/s
                                                  Versus
           1.    The State of Bihar through Additional Chief Secretary Revenue and Land
                 Reforms Department, Govt. of Bihar, Patna.
           2.    The Additional Chief Secretary, Revenue and Land Reforms Department,
                 Govt. of Bihar, Patna.
           3.    The District Magistrate-Cum-Collector, Gopalganj.
           4.    The Additional Collector, Gopalganj.
           5.    The Deputy Collector, Land Reforms, Hathwa, Dist- Gopalganj.
           6.    The Circle Officer, Bihta, Hathwa, District- Gopalganj.
           7.    The Secretary, Department of Industry, Govt. of Bihar, Patna.
           8.    The Managing Director, Bihar Industrial Area Development Authority
                 (BIADA), Gopalganj.
           9.    The Executive Director, Bihar Industrial Area Development Authority
                 (BIADA), Gopalganj.
           10. The Development Officer, Bihar Industrial Area Development Authority
               (BIADA), Gopalganj.
           11. The Managing Director, Bihar State Sugar Mill Corporation, Patna.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Mr. Ranjan Kumar Dubey, Advocate
                                          :    Ms. Sheshadri Kumari, Advocate
                 For the State            :    Mr. Standing Counsel (13)
                                          :    Mr. Hitesh Suman, AC to SC-13
                 For the BIADA            :    Mr. Bindhyachal Singh, Sr. Advocate
                                          :    Mr. Abu Nasar, Advocate
                                          :    Mr. Aakash Singh, Advocate
                 For the Sugar Mill Corp.:     Mr. Gyan Shankar, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

5   16-03-2026                    Heard Mr. Ranjan Kumar Dubey, learned counsel for

                   the petitioner duly assisted by Ms. Sheshadri Kumari and Mr.

                   Bindhyachal Singh, learned Senior Counsel representing the

                   Bihar Industrial Area Development Authority (henceforth for
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          short ‘the BIADA’) duly assisted by Mr. Abu Nasar and Mr.

          Aakash Singh beside Mr. Gyan Shankar, learned counsel

          representing the Sugar Mill Corporation (henceforth for short

          ‘the Corporation’).

                      2. The present petition has been preferred for the

          grant of following relief(s):

                                  “(i) for issuance of writ in the nature of

                             certiorari     for    quashing    the   order    dated

                             10.04.2024 passed by Additional Collector,

                             Gopalganj in Jamabandi Cancellation Case

                             No.539/2023-24 by which he has canceled the

                             long standing Jamabandi No. 104 running in the

                             name of deceased father of petitioner namely

                             Saral Choudhary in relation to raiyati lands of

                             thana No. 1060, Khata No. 135, Plot No.341,

                             345, 359, Khata No. 188, Plot No. 344 and

                             Khata No. 140, Plot No. 340 having its total

                             area 2 bigha 5 katha, Situated at Mauza

                             Badarjimi,        Anchal     Hathua,     for    which

                             Jamabandi.

                                          (ii) for issuance of writ in the nature of

                             mandamus directing the respondents to produce
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                             records of so called land acquisition case in

                             which land of petitioner has been acquired and if

                             not so then they may be directed to initiate land

                             acquisition proceeding under Right to Fair

                             Compensation         And    Transparency   in   Land

                             Acquisition, Rehabilitation, Resettlement Act.

                             2013 for acquisition of the disputed land and pay

                             adequate compensation to petitioners for their

                             raiyati lands of thana No. 1060, Khata No. 135,

                             Plot No.341, 345, 359, Khata No. 188, Plot No.

                             344 and Khata No. 140, Plot No. 340 having its

                             total area 2 bigha 5 katha 6 dhur, Situated at

                             Mauza Badarjimi, Anchal Hathua, for which

                             Jamabandi No. 104 was running in the name of

                             deceased father of petitioner.

                                         (iii) for issuance of writ in the nature

                             of certiorari for quashing the order dated

                             11.06.2024 (Annexure-P14) passed in Mutation

                             Case No. 205/2024-25 (filed by BIADA) in

                             respect to the land of petitioner since said order

                             has been passed behind the back of petitioner in

                             arbitrary manner.
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                                         (iv) for issuance of writ in the nature

                             of Mandamus directing the respondents to not

                             take force full possession or making any type of

                             construction over the raiyati land of petitioner of

                             Thana No. 1060, Khata No. 135, Plot No.341,

                             345, 359, Khata No. 188, Plot No. 344 and

                             Khata No. 140, Plot No.340 having its total area

                             2 bigha 5 katha 6 dhur, Situated at Mauza

                             Badarjimi, Anchal Hathua, for which Jamabandi

                             No. 104 was running in the name of deceased

                             father of petitioner.

                                         (v)      for    any   other   writ/writs,

                             order/orders for which petitioners deemed

                             entitled to.”

                      3. The details of the land has been incorporated in

          paragraph no.4 of the petitioner and read as follows:

                                  “Than No.1060, Khata No.188, 140, 133

                             and 135, Plots No.344, 345, 340, 341 and 359

                             having its total area 2 bigha 5 kattha and 6

                             dhurs situated at Mauza Badarjimi, Anchal

                             Hathua for           which Jamabandi No.104 was

                             running in the name of deceased father of the
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                             petitioner.”

                      4. The claim of the petitioner is/are that the land in

          question was purchased by his father, Saral Chaudhary between

          1966 to 1969 and since then, he is having peaceful physical

          possession over it. The contention is that ‘the BIADA’ preferred

          Mutation Case No.1946 R27/2021-22 with respect to different

          lands which included the lands of the petitioner also before the

          Circle Officer, Hathwa, Gopalganj. This followed the order of

          rejection by the Circle Officer, Hathwa, Gopalganj dated

          01.06.2023 which was partly allowed after recording that so far

          as the other plots are concerned, ‘the BIADA’ have to make

          amends.

                      5. The contention is that one the one hand, the Circle

          Officer, Hathwa, Gopalganj acknowledged the anomalies in the

          mutation case preferred by ‘the BIADA’, side by side, he

          recommended cancellation of the petitioner’s land by sending

          appropriate proposal before the Additional Collector, Gopalganj

          which led to to Jamabandi Cancellation Case No. 539 of 2023-

          24 (State of Bihar through Circle Officer, Hathwa vs. Ram

          Ekbal Prasad Yadav) and after hearing the parties, the

          Additional Collector, Gopalganj passed an order on 10.04.2024

          by which after recording that the lands in question stand
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          transferred to ‘the BIADA’ from SKG Distillery, the approval

          was made for cancellation of Jamabandi (Annexure-P/1 to the

          petition).

                       6. Aggrieved, the present writ petition.

                       7. It is the case of the petitioner that despite the Circle

          Officer, Hathwa acknowledging that there is no Jamabandi of

          the SKG Distillery, a proposal for cancellation was made and

          the Additional Collector, Gopalganj under wrong conclusion

          recorded that two Jamabandis cannot run simultaneously and as

          such, the order in question was passed. He submits that in

          another case, after aggrieved by the order of the Additional

          Collector, Gopalganj, one Ramchandra Rawat moved in

          Jamabandi Cancellation Appeal Case No. 23 of 2024

          (Ramchandra Rawat vs. the State of Bihar) which was disposed

          of by the Collector, Gopalganj on 17.11.2025 and though he

          acknowledged that the Additional Collector, Gopalganj came to

          a wrong conclusion, only because CWJC No. 578 of 2025 (Om

          Prakash Tiwari vs. The State of Bihar) is pending before this

          Court, chose not to take the matter to its logical conclusion.

                       8. A copy of the said order has been provided by the

          learned counsel for the petitioner which is kept on record. The

          submission is that in that background, an interference is
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          required.

                      9. Mr. Bindhyachal Singh, learned Senior Counsel is

          representing ‘the BIADA’ and according to him, the land

          originally belongs to the SKG Distillery and the same was

          transferred finally to ‘the BIADA’ whereafter the prayer for

          mutation was made. The contention of the petitioner is bereft of

          any document save and except the sale deed and whether the

          person executing it was legally entitled to the same or not is also

          not clear. He further submits that the Additional Collector,

          Gopalganj while passing the order concluded that if aggrieved,

          the petitioner can avail the remedy of appeal which has not been

          availed.

                      10. Learned Senior Counsel further submits that if the

          petitioner prefers an appeal, all the documents including the

          details of the transfer of land which included the land’s of the

          petitioner will be put forward before the Collector, Gopalganj so

          that a reasoned order could be passed.

                      11. Learned counsel representing ‘the Corporation’ on

          the other hand also submits that they shall also be appearing

          before the Collector, Gopalganj if the petitioner prefers appeal

          and shall put forward their views so that the Collector,

          Gopalganj can come to a conclusion.
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                      12. This Court has gone through the facts of the case

          as also the first order of the Circle Officer, Hathwa wherein it

          gave direction to ‘the BIADA’ to make amends. However, the

          Additional Collector, Gopalganj on recommendation passed an

          order on 10.04.2024 against which the appeal was not preferred

          by the petitioner.

                      13. This Court has further taken note of the order

          dated 17.11.2025 passed by the Collector, Gopalganj wherein he

          though came to the conclusion, chose not to pass an appropriate

          reasoned order due to pendency of aforesaid CWJC No. 578 of

          2025.

                      14. In that background, this Court is of the opinion

          that when an appeal is preferred against the order of the

          Additional Collector, Gopalganj, as in the present case, the

          Collector, Gopalganj is duty bound to notice all the stakeholders

          including ‘the BIADA’, ‘the Corporation’ as also the State and

          after hearing the parties, shall pass a reasoned order on the merit

          of the case. Further, the Collector, Gopalganj is duty bound to

          direct the other side to bring on record the original document

          which must have the details of the lands which were actually

          transferred.

                      15. The petitioner undertakes to file a proper petition
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                      with supporting documents in next two weeks. Once the petition

                      is preferred within a period of two weeks, the Collector,

                      Gopalganj shall be taking steps, immediately, issuing notice to

                      all the stakeholders including ‘the BIADA’, the State

                      respondents as also ‘the Corporation’ and after hearing them,

                      shall be taking a decision within a period of three months

                      thereafter.

                                    16. It is made clear that if the petitioner tries to delay

                      the process, the Collector, Gopalganj is well advised to record

                      the said fact, proceed and shall be taking the matter to its logical

                      conclusion within the time frame.

                                    17. Till the Collector, Gopalganj passes the order, so

                      far as the land of the petitioner as detailed out above is

                      concerned, status quo as existing today shall be maintained.

                                    18. The writ petition is disposed of with the aforesaid

                      observation.



                                                    (Rajiv Roy, J)
vinayak/-

U


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