Patna High Court
Sima KumariversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The Court held that the petitioner should first approach the Additional Collector within four weeks, and the matter should be decided after giving notice to all parties.
Summary
The petitioner, Sima Kumari, filed a writ petition seeking a certiorari to quash a letter dated 30.01.2026 issued by the Deputy Collector (Land Reform) proposing the cancellation of her Jamabandi for a purchased plot in Mauja‑Shahpur. She alleged that the proposal was made without any material basis, ignored the revenue records, and was issued without giving her an opportunity of being heard. The petitioner was represented by Mr. Navnit Kumar, while the respondents were represented by Mrs. Shweta Anand. The High Court, after hearing counsel, declined to entertain the writ on its merits and instead directed the petitioner to approach the Additional Collector, Patna, within four weeks for a proper hearing. The Court ordered that, if the petitioner files the appropriate application within the stipulated period, the Additional Collector must adjudicate the matter after noticing all relevant parties. No substantive finding on the legality of the Deputy Collector’s action was made.
Issues considered
- Whether the Deputy Collector’s letter proposing cancellation of the Jamabandi can be quashed by a writ of certiorari.
- Whether the petitioner was denied a hearing and thus entitled to relief under principles of natural justice.
- Whether the High Court should entertain the writ petition or direct the petitioner to approach the appropriate administrative authority.
Subjects
- writ jurisdiction
- certiorari
- land reform
- Jamabandi
- cancellation of land record
- natural justice
- administrative law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4697 of 2026
======================================================
Sima Kumari w/o Subodh Kumar R/O Village- Ward No. 12, Mohanpur, P.S.-
Mohanpur, District- Samastipur Currently staying in Hanuman Nagar, Gopal
Apartment, flat no. 501, P. S.- Patrakar Nagar, District- Patna.
... ... Petitioner/s
Versus
1. The State of Bihar through its the Chief Secretary, Government of Bihar,
Patna.
2. The Director General of Police, Government of Bihar, Patna.
3. The Additional Chief Secretary, Revenue and Land Reform Department,
Government of Bihar. Patna.
4. The Secretary, Revenue and Land Reform Department, Government of
Bihar, Patna.
5. The District Magistrate Cum Collector, Patna
6. The Additional Collector, Land Reform, Patna.
7. The Deputy Collector (Land Reform), Patna, Sadar.
8. The Circle Officer, Sampatchak, Patna.
9. Nitish Kumar son of Late Harinarayan Singh, R/O Kannauji,
ManoharpurKachuara, P. S.- Gopalpur, District- Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Navnit Kumar, Advocate
For the Respondent/s : Mrs. Shweta Anand, AC to GP-13
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 18-04-2026 Heard the parties.
2. The present petition has been preferred for the
following relief(s):
“I. For issuance of writ in the nature of
certiorari or any other appropriate
writ/order/orders or direction for quashing the
letter dated 30.01.2026 by the Deputy Collector
Patna High Court CWJC No.4697 of 2026(2) dt.18-04-2026
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(Land Reform), PatnaSadar (respondent no. 7)
whereby and where under the DCLR has sent a
proposal to Add. District Magistrate, Patna for
cancellation of Jamabandi of purchased land of the
petitioner pertaining to Mauja-Shahpur, Khata No.
51, plot number 502, area 19 Dhur 4 Dhurki,
under Sampatchak Anchal without any basis or
material on record and also on erroneous ground,
overlooking the entire revenue record and without
hearing of the petitioner.
II. For any other order/orders which
your Lordships may deem fit and proper in the
facts circumstances of the case.”
3. After some arguments, learned counsel for the
petitioner submits that he shall be approaching the respondent
no. 6, The Additional Collector, Patna against the order passed
by the Deputy Collector, Land Reforms, Patna Sadar as the
contention is that an order has been passed behind his back and
without issuance of notice to him.
4. Learned State counsel submits that if such petition
is filed, it shall be taken to its logical conclusion in accordance
with law.
Patna High Court CWJC No.4697 of 2026(2) dt.18-04-2026
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5. In that background, the writ petition stands
disposed of allowing the petitioner to approach the respondent
no. 6, The Additional Collector, Patna in next four weeks. If
such petition is preferred in next four weeks, the respondent no.
6, The Additional Collector, Patna shall take the matter to its
logical conclusion, after noticing all the relevant parties, at an
earliest.
(Rajiv Roy, J)
Adnan/-
U
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