Patna High Court
Md. Akhtar @ AkhtarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The Court held that the petitioner must approach the Additional District Collector, Purnea, within four weeks, and that authority shall pass a reasoned order, thereby disposing of the writ petition.
Summary
The petitioner, Md. Akhtar, filed a writ petition seeking a mandamus directing the State authorities to act on his 21‑01‑2016 representation and to create a Jamabandi in his name for a disputed plot that was erroneously recorded in the respondent's name. He alleged that his earlier petition filed on 21‑01‑2026 before the Additional Collector, Purnea, was not concluded. The State counsel argued that a fresh petition before the appropriate authority would be dealt with. The Court held that the petitioner should approach the Additional District Collector, Purnea, within four weeks, after which that authority must hear all parties and pass a reasoned order. Accordingly, the writ petition was disposed, directing the petitioner to seek relief through the administrative channel.
Issues considered
- Whether the High Court should issue a writ of mandamus directing the creation of Jamabandi in favor of the petitioner.
- Whether the petitioner must first approach the Additional District Collector before seeking judicial intervention.
Subjects
- Land reforms
- Jamabandi
- Mandamus
- Writ petition
- Administrative law
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4480 of 2026
======================================================
Md. Akhtar @ Akhtar Son of Late Md. Harun, Resident of Village- Khagjana,
Ward No.04, P.O. Dhusmal Hat, Panchayat- Dhusmal, Block- Baisa, P.S.
Angar, Dhusmal, Purnea, District- Purnea (Bihar).
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Old Secretariat, Patna.
2. The Additional Chief Secretary-cum-Principal Secretary, Revenue and Land
Reforms Department, Govt. of Bihar, Old Secretariat, Patna.
3. The Commissioner, Purnea Division, Purnea.
4. The District Collector-cum-the District Magistrate, Purnea.
5. The Additional District Collector, Purnea.
6. The Deputy Collector, Land Reforms, Baisi, Purnea.
7. The Circle Officer, Baisa, Purnea.
8. Abdul Kuddus, S/o Afsal Hussain, Resident of Village- Khagjana, P.O.
Dhusmal Hat, P.S. Angar, Block- Baisa, District- Purnea.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Munish Om Prakash Singh, Adv.
Mr. Arvind Kumar Sinha, Adv.
Mr. Ranjit Kumar Thakur, Adv.
For the Respondent/s : Mr. Standing Counsel (8)
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 28-04-2026 Heard the parties.
2. The present application has been preferred for the
following relief(s):
a) for issuance of writ in the nature of
mandamus / directing / commanding the concern
respondent to take necessary and lawful action
upon the representation dated 21.01.2016 filed
by the petitioner (as contained in Annexure - 5
series)
Patna High Court CWJC No.4480 of 2026(2) dt.28-04-2026
2/2
b) For further directing to the
concern respondent to create Jamabandi in the
name of the petitioners with respect to the
disputed plot which has been wrongly run in the
name of the respondent.
c) For the writ petitioner also pray
before this Hon'ble Court to issue writ or writs
order or orders and direction or directions as
this Hon'ble Court may deem fit and proper in
facts and circumstances of this case.
3. At the outset, learned counsel for the petitioner submits
that he has preferred a petition before the Additional Collector,
Purnea on 21.01.2026 (Annexure- 5 to the petition) but the same has
not been taken to its logical conclusion.
4. Learned State Counsel submits that if fresh petition is
filed, the State respondents shall ensure that it is taken to its logical
conclusion.
5. In that background, the writ petition is disposed of
allowing the petitioner to approach the respondent no. 5, the
Additional District Collector, Purnea in next four weeks who after
hearing all the necessary parties/ noticing them, shall pass a reasoned
order at an earliest.
(Rajiv Roy, J)
Vijay Singh/-
U
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