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Patna High Court

Sima KumariversusThe State of Bihar

Decided
Disposal
DISPOSED

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
                                            2/3




                          (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
                                                      3/3




                                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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